Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Sunday, March 21, 2021

San Antonio lawsuit blames funeral home for dad's burial as a pauper

Funeral homeA family in San Antonio has sued a funeral home, claiming the facility "Failed to pick up their father's body from a hospital for cremation, so it was deemed abandoned and Bexar County buried him in a pauper's grave." 

The plaintiffs in the case are the daughters of Arthur Martinez, who died from complications of Covid-19 at the age of 83. In a statement released by the daughter's attorney the family stated,
“We are grief stricken about the events surrounding our father’s cremation, and how the arrangements we made were not honored.”

The lawsuit was filed against Heart of Texas Cremations San Antonio, claiming that the funeral home “intentionally, recklessly and/or negligently failed to comply with its contractual obligation and promise to secure and maintain care, custody and control of the remains of Arthur Martinez at all times." 

The family still does not know where Arthur Martinez's body and are attempting to confirm the location so they can secure the remains. 

See Elizabeth Zavala, San Antonio lawsuit blames funeral home for dad's burial as a pauper, San Antonio Express-News, March 11, 2021. 

Special thanks to Laura Galvan (Attorney, San Antonio, Texas) for bringing this article to my attention.  

https://lawprofessors.typepad.com/trusts_estates_prof/2021/03/san-antonio-lawsuit-blames-funeral-home-for-dads-burial-as-a-pauper.html

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Comments

Every scandal like this makes Six Feet Under look more and more prescient, although I have to assume these sorts of incidents happened from time to time before 2001 too.

Posted by: hardreaders | Mar 22, 2021 6:57:44 AM

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