Unfortunately, despite having wishes for your funeral and burial, you may be hesitant to document your wishes for a number of reasons. While important, it can be incredibly upsetting for many to consider their own mortality. As such, you may assume the easiest way to handle these matters is to include your funeral instructions while creating your will. However, this may not be in your best interest. The following blog explores what you should know about these matters, including the importance of working with St. Louis estate lawyers to help you through this complex process to achieve peace of mind for the future.
What Is the Function of a Will?
As the foundational document of your estate plan, it’s crucial to understand the role your will plays in your estate. The primary function of a will is to allow the creator to document how they would like their assets handled upon their passing. As such, you will dictate which beneficiaries will receive which assets. You may also use a will to establish who you would like to assume guardianship of your minor children upon your passing.
If you do not establish a will, you are considered to have died intestate. Essentially, this means that you did not have a will, so the state assumes control of your assets. Subsequently, your estate will be distributed according to the Missouri intestate line of succession, which distributes your property in a predetermined manner to your next of kin. This means someone you wanted to write out of your will can receive a considerable portion of your estate.
Can I Include My Funeral Instructions in My Will?
While you technically can include instructions for your funeral in a will, it’s not in your best interest to do so for a number of reasons. One of the primary reasons is that your will is often not read until after your funeral has already occurred. As such, your wishes may not be discovered in time, meaning they will not be honored.
Another reason you should avoid this is that funeral instructions in a will are not always legally binding. The primary purpose of a will is to dictate how you wish to divide your assets and who will be charged with the care of your minor children. Because your wishes for your body do not fall in line with these objectives, the inclusion of them in your will is not legally binding.
While leaving these instructions in your will may not be in your best interest, there are still options to dictate how you want your funeral arrangements to be made. As such, you can create a self-directed disposition authorization document that allows you to detail your wishes as to how your remains are handled.
Though it can be unpleasant and upsetting to think about your own death, the ability to make decisions regarding your final resting place is not something that should be taken for granted. As such, it’s imperative to connect with an experienced attorney with the Stobie Family Law Group to explore your legal options and assist you through the process of exercising your right to make these choices. Contact us today to learn how our team can represent you.
