Our “Ask a Question” mailbag address a question about a Funeral Directive.
“My mother was dating a much younger man before her death. We jokingly called him her “boy toy.” He is a nice man, but not really part of our family. In her Will, she added a Funeral Directive saying he shall be part of her funeral planning. She died this week in Philadelphia and we would prefer he is not at the funeral. Is there anything we can do?”
Without Planning, The Immediate Family Plans the Funeral.
If your mother had done no planning, then your siblings and yourself could plan the funeral. This power would include the ability to exclude her boyfriend from the funeral. But, as a Pennsylvania resident, your mother had the right to make a binding instruction regarding her funeral arrangements. This instruction is called a Funeral Directive.
Funeral Directives; Making Sure Your Wishes Are Respected After Death.
Your situation is not uncommon. In a world of second marriages and blended families, funerals and memorial services often play host to a diverse crowd. Family politics is a thorny business. Funeral Directives help avoid conflicts and to make sure wishes are respected.
A Funeral Directive grants a specific person or persons the legal authority to organize your funeral. Further, the Funeral Directive can give the power over deposition of your remains.
In your case, if your mother properly executed her Funeral Directive then her boyfriend has the legal authority to help organize and to attend the funeral.
For a more in-depth explanation, read my website article, “Funeral Directives, Everything You Need to Know.”
How to Form a Funeral Directive?
We most commonly insert the Directive into the Will’s first page. But it is important that you notify the Funeral Representative of this power. Commonly, the funeral takes place before anyone examines the Will. If you have not told a person that they are a Funeral Representative they might not find out until long after the funeral.
What is Funeral Directive?
In conclusion, in this Post, I tried to explain a Funeral Directive. So, let me know how I did, comments and questions are welcome!
Feel free to contact our office to set up a free consultation.
Wills, Trusts, Probate, and Estate Litigation It’s All We Do!
Author, Peter Klenk, Esq.