Estate planning is not just about managing assets and reducing the tax liability of an estate—it’s also about making sure your personal wishes are respected if your health declines at the end of your life and for your body after you pass away.
One often overlooked but important part of an estate plan is documenting preferences for burial, cremation or alternative end-of-life arrangements. Addressing your wishes in your personal estate plan can provide clarity for your loved ones and help you to better ensure that your final arrangements reflect your values and beliefs.
Making your wishes clear and enforceable
In New York, you have the legal right to make decisions about your remains in advance. By clearly stating your burial preferences in a written, legally enforceable document, you’ll reduce the risk of family disagreements or uncertainty after your passing.
A written statement of your burial wishes can address several details. You might specify whether you want to be buried or cremated, name a preferred funeral home or cemetery, request a religious or secular service and/or outline your preferences for a ceremony or memorial. You can even state whether you want specific songs played, readings shared or cultural or spiritual practices followed. While it’s not necessary to include every detail of how your memorialization should unfold, the more specific you are, the more helpful your plan will be for your loved ones.
It’s important to note that burial instructions should not be formalized solely in your will. A will may not be read until after funeral arrangements have already begun. Instead, it’s best to communicate your burial preferences in a separate document and work with your legal team to ensure that your health care proxy or executor has a copy. You may also want to share your wishes directly with family members or close friends.
New York law allows you to appoint an agent to make decisions about the disposition of your remains. This person should be someone you trust to follow your wishes carefully. The appointment must be in writing and properly signed and witnessed to be legally valid. Prepaying for burial or cremation services can also be a smart option. It can ease the financial burden on your family and ensure your arrangements are handled exactly as you prefer.
Addressing burial preferences is never easy, but it’s an important act of self-care. Seeking personalized legal guidance is a great way to get started.