Klenk Law

Category: Funeral Directive

What if my wife will not cremate me?

Posted on Wed Jul 15, 2015, on Funeral Directive

From our “Ask a Question” mailbag: It is important to me that at my death I am cremated. I find the idea of a being buried in a casket ridiculous. The problem is that my wife will not carry out this wish. She wants us buried next to each other in her New Jersey family plot. How do I make sure my wishes are respected?

If you do not make any specific statement about final burial arrangements in your will, then the matter could end up in litigation-with your wife’s opinion being the one that the court finally enforces.

Who Decides Where and How You Are Buried in New Jersey?

Posted on Thu Feb 5, 2015, on Funeral Directive

Often the most sensitive question when estate planning – where and how do you want your remains disposed? I realize this appears morbid, but it is a necessary consideration. In New Jersey, the State has established default rules when a Will is silent on the issue, or if the testator fails to designate a specific person with authority over the decision. Similar to intestacy, these rules are utilitarian in nature. As with any one-size fits all rule, there will likely be family conflict and litigation.

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