Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Klenk Law

What do I do if my son is refusing to bury me in New York?

Posted on Fri Aug 14, 2015, on Funeral Directive

From our “Ask a Question” Mailbag: Funeral Directive – Making Your Last Wish Come True

Most Recently Updated July 19, 2018.

“My husband died many years ago and is buried in Florida. I moved back to New York and plan to die a New Yorker. It is important to me that at my death I am buried here in New York. The problem is that my only son is my executor and he wants to bury me with my husband in Florida. I feel that after I die he will not respect my wishes. How do I make sure my wishes are respected?”

Funeral Directive – Making Your Last Wish Come True

Funeral Directive – Making Your Last Wish Come True

New York gives you the power to nominate a person in your will who controls all aspects of your funeral arrangements and internment. It is important in your case to utilize that power, otherwise at your death your son as executor and as the only child will have complete control.

This nomination will take some careful thought, as this person will have the legal authority to trump your son’s objections, but you can imagine that it will be an uncomfortable situation. You need the right person for the job.

What I Suggest:

If I were drafting your will, I would add in that same paragraph all the specific wishes you have surrounding your arrangements, such as a memorial service, location and making sure that the costs are paid for.

Remember, if your son is the executor he will control all the funds, so he could refuse to pay for the New York funeral, which could lead to unnecessary expensive litigation. You might consider naming someone else executor if your son continues to refuse to carry out your wishes.

More Planning Questions?

The funeral directive is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: Funeral Directive – Making Your Last Wish Come True

I hope that this article was helpful in explaining funeral directives in New York. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

 

Tags:

Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, Funeral Directive, New York

What Our clients are saying

Klenk Law Logo
Stars

Peter provided outstanding advice and preparation of a will and trusts.

Klenk Law Logo
Stars

Peter Klenk made a complex subject understandable and allowed us to move forward with our estate planning. He was patient with our questions and creative in the solutions he proposed.

Klenk Law Logo
Stars

Tremendous firm with bright, kind and tenacious people. Great representation for our family.

Klenk Law Logo
Stars

I contacted Peter through his website using the free consultation link for a question regarding a will. While I was expecting only a few minutes, it was a lengthy conversation. He made sure he understood the situation by asking many questions before offering advice. He then went through my options and results of each one. He left it up to me to decide if I wanted to proceed and did not push me toward one or another. His website has very useful information which I definitely researched before I called him. While I decided not to proceed at this time, I feel I had enough information to make that decision. I would not hesitate to hire him should I need to in the future.

Klenk Law Logo
Stars

Peter has done a great job with the estate planning for my father. He is very thorough and patient as we, the family need to make decisions.

Let us put our expertise to work for you.

Free consultation within 24 hours.