1. The Value of Adding Basic Funeral Planning to Your Practice.
- Author
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Wenig, Damon J.
- Subjects
- *
INTERMENT , *STATE laws , *DIVORCED parents , *MEDICAID eligibility , *LEGAL documents , *ATTORNEY & client , *GRIEF , *DAUGHTERS - Abstract
This article discusses the importance of incorporating funeral planning into estate planning practices. It explains that under common law, a dead human body is considered quasi-property belonging to the nearest relative, and therefore, the right and duty of disposition is granted to the nearest family members. However, as families become more complex and options for disposition increase, the authority established by disposition directives during the preplanning process has become increasingly important. The article provides a case study highlighting the complexities that can arise when there are disagreements among family members regarding the deceased's final wishes. It emphasizes the need for proper funeral planning and the importance of having separate, accessible documents for disposition instructions. The article also discusses the broader aspects of funeral planning, such as preferences for funeral details and the handling of cremated remains. It suggests that attorneys can play a role in assisting clients with funeral planning, either by initiating discussions and making referrals or by helping set up and fund funeral expense trusts or preneed policies. The article concludes by emphasizing the value of providing comprehensive care to clients and ensuring that their final wishes are respected with dignity and respect. [Extracted from the article]
- Published
- 2024