Volume 16, Number 1 · January 2006

Beyond Estate Planning

property law in Southwestern Pennsylvania

by Andrew S. Chumney

It is estimated that seventy-five percent of all adults do not have a Will. Even for those who do, the estate planning process is often stressful. Despite our best efforts at Peacock Keller to reduce the stress in this experience, clients often express their relief that the process is finally over. But is your signature on that Will really the final step?

Increasingly we find that for clients, particularly those living alone or with no nearby family, funeral and burial arrangements become important. It is surprising how often hard feelings or even family disputes arise over funeral and burial arrangements, and this is usually before the Will is even found or read.

Some people have preplans or payments for certain funeral arrangements, which are authorized by Pennsylvania law. At least clients should, by a simple letter to family and personal representative, set out their final wishes and directions how to locate important documents. Although such a letter may not be legally binding, it will serve as a great comfort to your survivors to let them know what your wishes are and that they are complying with them. What you choose to include in your instructions is purely personal. As a suggestion, a typical letter of instruction might include:

The name of the mortuary or other institution you wish to handle your burial or cremation;
The type of casket or container in which your remains will be buried or cremated;
Who your pallbearers shall be, if you wish to have them;
Where your remains should be buried, stored or scattered; and
The details of any marker you wish to have erected.

We note an increasing tendency by people to list the details of the ceremony at the funeral, burial or cremation. Some clients have listed music, special hymns, poetry, and selected scripture. Some of our clients express a preference for a memorial service, at which family and friends are encouraged to share happy memories.

Of course, it doesn't matter what you put in your letter of instruction if no one can find it. It is important that this letter, along with your Will and other papers, be accessible to your personal representative and trusted family members. Finally, just as you review your Will periodically, you will want to review this letter of instructions to ensure that it is kept up to date.

When a family member dies, the family must make numerous decisions quickly, while at the same time they grieve the loss of a loved one. Unless the decedent has authorized the executor to make funeral arrangements, or provided otherwise by demonstrating contrary intent, a surviving spouse, then various family members, are authorized to act by law. You can ease that burden by letting them know your wishes before the funeral and burial arrangements are made. Although this part of "estate planning" doesn't have anything to do with the disposition of your worldly goods, it can go a long way toward easing stress and avoiding misunderstanding within the family.

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