In a 2013 case from the Tyler Court of Appeals, an estranged
wife was given the ability to control the disposition of the deceased’s body,
against the wishes of the deceased’s son.
Facts: Thomas Woods filed a divorce action against his
wife. Mr. Woods died less than six months later, before a final decree had been
entered in the divorce case. His will appointed his son as independent
executor, and a dispute arose between the son and the estranged wife over who
would control the disposition of Mr. Woods’ cremated body.
Ruling: The trial court ruled in favor of the son, but the
appeals court reversed. The Court of Appeals found that there was nothing to
overcome the statutory preference given to the surviving spouse in the Texas
Health and Safety Code. There are provisions in that code that would have
allowed Mr. Woods to designate someone else to control his remains, but Mr.
Woods did not exercise any of those options. Thus, the statutory priority given
to the wife as the surviving spouse, even in the face of a pending divorce
action, remained intact.
Advice: The parties to divorce actions should have their
estate plans updated to avoid results such as those in the Woods case.
Comments
Post a Comment