How can I make sure that my final wishesregarding my funeral are carried out whenI die?

UPDATED: May 5, 2011

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How can I make sure that my final wishesregarding my funeral are carried out whenI die?

My family will not honor my final wishes. My current wife, whom I have been separated from for 6 years, will not honor any wish of mine. I want to spare my children of having to make any decisions concerning my final arrangements. My son agrees with my choice in this matter and with the person that I have choose to handle this for me. In the event this person passes before me, I want the funeral home to handle it according to the wishes which I have already outlined.

Asked on May 5, 2011 under Estate Planning, Texas


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The most difficult agenda item on a person's to do list oftentimes is estate planning, which doesn't just involve whether uncle Joe gets the lamp and Cousin Lisa gets the house; it now involves how a person wishes to buried or cremated and how the funeral should go and what should occur during the time of the funeral. This can even include donating one's body to science or if an accident should occur, donating a person's organs. If your family will not honor your final wishes, you can certainly strike them from the will and trust unless they abide by those wishes and you can assign a third party lawyer or someone neutral to be your trustee. If your son agrees with your final wishes, then make him your executor or trustee and he can ensure those wishes are carried out. If your son or another person whom you have designated pass before you, the funeral home if still around can be designated as another party or you can again name a series of individuals or lawyers to help you in your endeavor. Talk to an estate planning attorney about what is best.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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