I am the administrator of my uncles will he lived on property my father & uncle owned my father passed then my uncle passed my stepmother went got my uncles sister to bypass me they had him cremated & dumped his ashes out without notifying me he wanted to be buried in his plot that was paid for with his father,mother & siblings they both had my # & address I lived here for last 25 years.
You say administrator so I assume there was not a will or written designation of who would control remains. So there is not much to support your fight.
It is difficult to undo cremation, especially after scattering.
Consider a memorial marker in the family plot, even if he can't be buried there.
Normally, a sibling would be the person to make the decision to dispose of the body if there is no surviving spouse, children or grandchildren or no parents, unless your uncle executed a document stating that you should be the one to carry out his wishes specifically for the disposition of his remains. If your uncle has already been cremated, you can talk to the funeral home about possibly getting a refund for the plot that was purchased. You may also want to see about getting a consult with a probate attorney to help administer your uncle and father's estates. So sorry for your loss and good luck to you.
I agree with Ms. Key's response to your post. If you were aware of a will and his death, you should have proceeded to file for probate, but that may not be reasonable under the circumstances.
Good luck!
AS the other answers pointed out you have a number of options. The relevant law is in the Texas Health and Safe Code and is as follows:
Sec. 711.002. DISPOSITION OF REMAINS; DUTY TO INTER. (a) Except as provided by Subsection (l), unless a decedent has left directions in writing for the disposition of the decedent's remains as provided in Subsection (g), the following persons, in the priority listed, have the right to control the disposition, including cremation, of the decedent's remains, shall inter the remains, and in accordance with Subsection (a-1) are liable for the reasonable cost of interment:
(1) the person designated in a written instrument signed by the decedent;
(2) the decedent's surviving spouse;
(3) any one of the decedent's surviving adult children;
(4) either one of the decedent's surviving parents;
(5) any one of the decedent's surviving adult siblings;
(6) any one or more of the duly qualified executors or administrators of the decedent's estate; or
(7) any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.
(a-1) If the person with the right to control the disposition of the decedent's remains fails to make final arrangements or appoint another person to make final arrangements for the disposition before the earlier of the 6th day after the date the person received notice of the decedent's death or the 10th day after the date the decedent died, the person is presumed to be unable or unwilling to control the disposition, and:
(1) the person's right to control the disposition is terminated; and
(2) the right to control the disposition is passed to the following persons in the following priority:
(A) any other person in the same priority class under Subsection (a) as the person whose right was terminated; or
(B) a person in a different priority class, in the priority listed in Subsection (a).
(a-2) If a United States Department of Defense Record of Emergency Data, DD Form 93, or a successor form, was in effect at the time of death for a decedent who died in a manner described by 10 U.S.C. Sections 1481(a)(1) through (8), the DD Form 93 controls over any other written instrument described by Subsection (a)(1) or (g) with respect to designating a person to control the disposition of the decedent's remains. Notwithstanding Subsections (b) and (c), the form is legally sufficient if it is properly completed, signed by the decedent, and witnessed in the manner required by the form.
(a-3) A person exercising the right to control the disposition of remains under Subsection (a), other than a duly qualified executor or administrator of the decedent's estate, is liable for the reasonable cost of interment and may seek reimbursement for that cost from the decedent's estate. When an executor or administrator exercises the right to control the disposition of remains under Subsection (a)(6), the decedent's estate is liable for the reasonable cost of interment, and the executor or administrator is not individually liable for that cost.
