Granbury, TX asked in Civil Litigation, Contracts, Estate Planning and Probate for Texas

Q: Can I sue for my grandmas ashes? Her new husbands family took them when he passed.

My grandma passed (in Texas 2015) first and then her new husband had changed around everything in the will (when my grandma was sick he got her to sign stuff). He cut multiple family members from my grandmas side out and made his son the executor. When her husband passed (in Texas 2017), the son was supposed to make sure that my grandmas ashes were buried in the plot next to my aunt in California. He took everything back to California and never took care of what he was supposed to do. When my grandma was alive she told me I was to get a certain portion of money that I did not. Do I even have any rights when it comes to her ashes or trying to get any money? I really just want to finally have a proper burial/ memorial for her. What should I do?

1 Lawyer Answer
Isaac Shutt
Isaac Shutt
  • Estate Planning Lawyer
  • Richardson, TX
  • Licensed in Texas

A: It's definitely worth having free (or inexpensive) consultation with a probate attorney. I'd recommend trying to schedule a meeting with an attorney that focuses on probate and estate planning law.

You would be an heir to your grandmother's estate, so it's important that you act quickly to protect your rights. This new husband of your grandmother's may try to keep everything for himself. If your grandmother was not in her right mind or was pressured, you may have a good case for challenging the will.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.