My grandmother wishes to be cremated not buried. Is there a legal document she can have drawn up that adheres to her wishes?

My grandmother is 90 years old & only speaks spanish. She continues to be of sound mind. Though her original plan was to be buried with her husband, she has changed her mind in the last few years and wishes to be cremated, not buried. Her sons, bold as they are, have informed her that her wishes will not be fulfilled and will be buried as originally planned. There is no will, living will or any other document stating her final wishes.

Asked on July 3, 2009 under Estate Planning, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not a Florida attorney, so I can't be sure there isn't a simpler way to do this.  But I'm pretty sure that if your grandmother makes a will, she can make a legally binding plan for her remains, and she has the right to name an executor in the will and give him or her the power to see to her cremation.  In many states, a person can also make a provision in their will that takes away all or some of what it gives to anyone who disputes the will.  Your grandmother should talk to a lawyer, and have her own wishes put into writing in the proper way.


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