How To Create A Legally Binding Funeral And Burial Plan

Many people have very specific wishes regarding their funeral and whether they want to be buried or cremated. Perhaps you want to be buried next to a loved one, or maybe you want to be cremated and have your ashes spread somewhere. Regardless of what your wishes are, you may think including them in your will formalizes your preferences and makes them legally binding.

In fact, leaving these instructions in a will is not recommended. Wills are often not read until days, or even weeks, after the funeral. This means your loved ones may learn of your wishes when it is too late. Fortunately, you can create a legally binding burial plan. One of our St. Petersburg estate planning attorneys explain how to do it below.

Draft an Inter Vivos Authorization 

Under Florida law, you can designate a specific person to handle your funeral and burial arrangements using an inter vivos authorization. The term ‘inter vivos’ means ‘between the living’ in Latin. This document can include a series of instructions pertaining to your funeral, division of cremated remains, and disposition arrangements.

Inter vivos authorizations are legally binding. Just like contracts, the person you choose to carry out your wishes is legally obligated to do so. You can also leave behind funding for your funeral arrangements, to ensure your loved ones can carry out your wishes without struggling financially.

Why Plan for Your Funeral and Burial? 

Many people think that funeral and burial planning is pointless because they will already be gone. Still, many people have very strong views regarding their funeral and burial arrangements. They are often particularly important for people with deep religious or spiritual beliefs.

One of the most important reasons to plan for your funeral and burial is to reduce the chance of disputes between your family members. Without understanding your wishes, your loved ones may argue about whether you wanted a cremation or a burial.

The Importance of Remaining Reasonable 

It is important that you keep your wishes for your funeral or burial reasonable. Funerals and burials are much more expensive than many people realize. It is particularly important that you keep your wishes within what your family members can afford, especially if you are not leaving them property to pay for the services. If there are not enough funds to cover your wishes, they may be impossible to carry out and therefore, rendered unenforceable. Even if you are leaving behind funds to cover these costs, every dollar you set away for them is one less for your family members to inherit.

Our Estate Planning Attorney in St. Petersburg Can Help 

There are many things to consider when planning your estate. At Legacy Protection Lawyers, LLP, our St. Petersburg estate planning attorneys can advise on all aspects of your plan and ensure your documents are executed properly so they are enforceable and your wishes are respected. Call us now at 727-471-5868 or fill out our online form to schedule a consultation and to learn more about how we can help.

Source:

leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0497/Sections/0497.005.html