The ability to make your own decisions is often something taken for granted. As such, it is important to ensure you document your wishes regarding your burial following your passing. However, many are unsure where they should document their funeral instructions, often opting to include this as part of their last will and testament. Unfortunately, as the following blog explores, this may not be in your best interest. If you’re unsure of your options, you’ll want to keep reading, as you’ll discover the best way to document your wishes, as well as the importance of discussing your circumstances with a Long Island estate planning lawyer to help you achieve peace of mind for the future.
What Is the Function of a Will?
A will is one of the primary documents of your estate, often serving as the foundation of your plan. Typically, a will is used to document how you would like your assets handled upon your passing, such as how they will be distributed. Many people use this document so they can dictate how their assets will be divided among their loved ones in order to continue providing for them, even after passing.
In addition to documenting your wishes for your assets, you can also name a guardian for your minor children. This allows you the peace of mind that someone of your choosing will be appointed as the guardian for your child in the event something should happen to you.
If you do not establish a will before your death, you will be considered to have died intestate. Essentially, this means that because you did not have a will, the state will assume control of your estate and distribute your assets in accordance with the intestate line of succession in New York. As such, this means your assets may be divided among your direct heirs in a way that conflicts with your wishes, so establishing a will is critical.
Can I Put My Funeral Instructions in My Will?
While a will may seem like the ideal place to leave instructions for your funeral, it’s important to understand that this may not be in your best interest. In general, the reading of a will occurs after a funeral, meaning your wishes may not be honored, as they may not be known. Additionally, including funeral instructions in a will is not legally binding, as the purpose of the document is to distribute assets.
As such, if you wish to document your wishes for your funeral, you should consider creating an Appointment of Agent to Control Disposition of Remains form, which allows you to appoint someone of your choosing with the authority to make decisions for your funeral. Additionally, you can leave specific requests and directions, which can help ensure your wishes are honored.
Though thinking about death can be incredibly unpleasant, it’s important not to take your ability to make deeply personal decisions for granted. As such, it’s in your best interest to connect with an experienced estate planning attorney with Barrows Levy PLLC to discuss your options when determining how to document your wishes. Contact us today to learn how we can help you with these matters.
