Estate Planning: Burial and Cremation Preferences
When people think about estate planning, they tend to think about what happens to their assets and the legacy they’ve built. A thorough estate plan also accounts for what will happen if you become incapacitated and how your body will be treated after death.
This is an afterthought for some people, especially those who prefer traditional burial options that are unlikely to raise any eyebrows. But if you’re interested in something like alkaline hydrolysis or open-air cremation in Minnesota, you may face the issue of beneficiaries that don’t agree with your burial wishes.
Luckily, there are ways to get around that. You can include your burial preferences in your estate plan and even prepay for your funeral, making it much harder for heirs to dispute your final wishes.
Author’s Note: This is intended for informational purposes only and is not legal advice. Please talk about estate planning with an attorney.
Last Will and Testament – Is It the Best Option?
A last will and testament is one of the most commonly used estate planning tools, and it covers a wide range of needs. You can use it to specify your final wishes, dictate how your assets should be divided, and name your preferred guardians for your children.
However, your will may or may not actually be able to enforce your burial wishes. Once a will is confirmed as valid by the court, the executor must follow your instructions as your estate goes through probate, but there are several ways the process could get interrupted. First, your will could get lost or destroyed. Second, if your heirs don’t know it exists, your estate will be divided via intestate succession laws. Finally, someone could dispute the validity of the will—especially if they have issues with your choice of burial method. Probate, which is already time-consuming and expensive, is even more inconvenient when someone disputes the will.
Of course, this isn’t to say that a last will and testament isn’t a good choice. It could be a viable option for your estate, but you should discuss it with an estate planning attorney. If you choose to go this route, make sure your attorney has your will. This ensures that it is handled properly after your passing.
Using an Irrevocable Life Insurance Trust to Protect Your Burial Preferences
One option that serves multiple purposes is an irrevocable life insurance trust. Rather than being funded by your pre-existing assets, this trust is funded by a life insurance policy that pays for your funeral and burial. You must name a trustee who will handle the assets properly and carry out your final wishes. The trust becomes funded upon your passing.
The terms of the trust will lay out your burial wishes. In general, the more detailed your terms are, the better. This leaves little room for error and takes stress off of the trustee as they navigate both their grief and your final wishes.
Another benefit of a trust: it does not go through probate like personally-owned assets do. The funds are immediately accessible to the trustee when you pass, so they don’t have to wait for the court to allow them access.
Pre-Planning is an Increasingly Popular Option
While some are uncomfortable looking their own mortality in the face and planning their own funeral, others are comforted by the knowledge that their burial will go exactly as planned. Additionally, this option ensures that your funeral is paid for, alleviating some of the stress often faced by grieving family members.
If you do choose to pre-plan your burial and funeral, set aside time every year to revisit your plans. You’ll want to verify that they still fit your preferences and your vision.
Don’t Just Rely on Your Estate Plan
Yes, there are legal ways to protect your choice of burial or cremation method and wishes for your funeral. But please don’t just rely on legal methods to enforce your wishes. This is a highly personal and sensitive topic, and it’s worth talking to your family about what you want and why you want it.
It’s especially important to have these discussions if you choose a non-traditional method like open-air cremation. There are a lot of misconceptions around alternative methods, and you could be a great source of education for your loved ones. This is an opportunity to connect with family members, explain your ties to your chosen burial method, and clear the air about their worries.
Remember, these conversations are going to happen either way—either now or after you pass. If you decide to sit down and hash it now, at least you get to say your piece and be part of the discussion. Additionally, talking it out now can save your trustee/beneficiary some stress down the line. When they’re navigating their grief and your final wishes, the last thing they need is a barrage of phone calls from well-meaning family members who think they can talk them out of your burial plan.
You’ve spent a lot of time thinking about your burial wishes and how you want your life to be honored—you deserve to have those preferences respected. Include your burial plans in your estate plan, and steel yourself for necessary conversations with loved ones.
If you’re considering open-air cremation, learn more about where we’re at in our building process and how you can get involved. We’d love to have you along for the journey.
