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What Legal Document Needs To Be Used?

Funeral Insurance, Term Insurance and Burial Insurance

What Legal Document Needs To Be Used?

Postby Cadwy » Fri Aug 18, 2017 5:41 am

My aunt wanted to draw up a document that states what her wishes are before and after death.
Like she wants a named person to take care of funeral arrangements or she wants to have a certain kind of service for funeral.
She has a living will to protect her wishes before death but what document is needed for after death to respect her wishes? We do not need to use Will or Trust as she has no assets that needs to be disbersed.
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What Legal Document Needs To Be Used?

Postby carthach » Sat Aug 19, 2017 12:57 pm

Have her speak to an attorney about a Will.
It will make matter much simpler (and a lot less expensive) when the time comes.
As far as a funeral, I would recommend investing in a prepaid funeral service with all her wishes addressed.

It would be helpful to tell a few key family members where she keeps her important papers.
In many cases I have seen wills opened longer after the funeral because they could not locate it.
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What Legal Document Needs To Be Used?

Postby Honi » Tue Aug 22, 2017 7:15 am

In every state having a Will is always better than dying 'intestate'.
Why? Because even if there are no "assets" that your aunt knows of, she does have personal items that may have sentimental value to her family which she may want to leave to certain people, there may be some old bank account or state funds that she is not aware of, she may have a life insurance policy that names a person who has passed as beneficiary.

So IMHO she should have a simple Will where, at the minimum she appoints someone as an Executor of her estate -- that gives this person the legal authority to speak for her after death and wind up any thing such as bills and last expenses --- and gives all of her property to the Executor to distribute.

As for funeral arrangements, the majority of major funeral homes have a program for prepaying funerals.
That way the person (your aunt) can select everything for her funeral including the type of service that she wants.
I arranged for this with my aunt when she found out she was terminal.
My aunt paid for this large send off; including prepaying for the coffee & sweets during the wake, donation to the church, and the luncheon after the burial.
Not only did this relieve her mind, it was a financial positive for her.
The money goes into a trust and earned interest AND it cannot be touched my medicaid.
My aunt eventually needed medicaid which strips the elderly of assest.
At least she had the send off she wanted.
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What Legal Document Needs To Be Used?

Postby Fionn » Mon Aug 28, 2017 12:06 pm

That is a HUGE misconception that many believe. Because there is no money or assets a Will is not necessary. A number of years ago when my aunt died it was her wish to be buried in a specific cemetary in Puerto Rico with my grandparents and under no circumstance was she to be cremated.
My cousin completely went against my aunt's wishes and although her siblings fought her tooth and nail she not only cremated her, but didn't hold any type of service for her literally 4 months after her death.
Although I knew the answer I still recommended they see an attorney. Sure enough the attorney said it would be a he said - she said situation and her siblings had no say in what her daughter decided.
If your aunt has specifics regarding her funeral I highly recommend she get a Will.
You can purchase one at your local stationery or staples store.
Just make sure a notary signs it which cost only 2 to 3 dollars.
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