If you have been wise enough to create an estate plan, make sure you also take the time to create a funeral plan. Many people make the mistake of assuming that loved ones know what they want. Although this may be the case, your loved ones will be grieving and may not be thinking clearly. Save them additional grief and stress by putting your wishes down in writing now. Your funeral plan should be separate from your Will as your Will may not be read for days after your death. Once written down, be sure to leave a copy with the executor of your estate, your estate planning attorney and anyone else you feel needs a copy. Although each plan will be unique, consider including the following information in your funeral plan:

• How the funeral is to be paid for — We recommend an irrevocable burial trust funded with a particular type of life insurance.
• Who is to be in charge of the details. Be sure to name alternates in case your first choice is unable to take charge.
• Whether you want to be buried or cremated
• What funeral home you wish to handle the cremation or burial
• What container you wish to be used for the burial or for your ashes
• Details about a ceremony if you want one. Be specific. For example, do you want a viewing? Open casket? Video display? Wake? What type of flowers?
• Who you wish to be the pallbearers if relevant
• Where you wish to be buried or what you want done with your ashes
• If you wish a marker, include details such as what you want written on the marker
• Any specific information you want included in the obituary

The Law Offices of James A. Miller is a member of the American Academy of Estate Planning Attorneys.

Federal law regulates the advertising and marketing of funeral services. In addition to health and safety rules imposed by each state, the Federal Trade Commission’s Funeral Rule is designed to protect consumers from being forced to purchase unwanted or unnecessary services as part of a prepaid or at-need funeral plan.

Some funeral homes will claim that a certain product or service must be purchased under state or local law. But oftentimes that is not the case. Accordingly, the FTC has identified six specific misrepresentations that are banned by the Funeral Rule:

• A funeral home may not require embalming if it is not mandated by state or local law.
• A funeral home may not require you to purchase a casket as a condition of “direct cremation” — that is, cremation without any prior viewing of the body.
• A funeral home may not require the purchase of an outer burial container.
• In general, a funeral provider cannot tell a customer that he or she is required to purchase any particular good or service by a state, locality, cemetery or crematory if it is not true.
•  A funeral provider cannot make any representation that a particular product or service will delay the natural decomposition of human remains for an extended or indefinite period.
• If a funeral provider marks up the charge on cash advance items or receives a discount that is not passed on to the consumer, the provider cannot represent that he or she is selling items “at cost.”

The Funeral Rule is not exclusive. State and local laws may further restrict what funeral homes may charge or what services they can offer. This is why you should consult with a qualified estate planning attorney before purchasing any prepaid funeral plan.

The Law Offices of James A. Miller is a member of the American Academy of Estate Planning Attorneys.

How many funerals have you planned during your lifetime? If you’re like many Americans, you have little or no experience with the funeral industry. So, what happens when someone close to you passes away? If you’re the person in charge of making funeral arrangements, you can be in a pretty vulnerable position. First, you’re likely entering unfamiliar territory. Second, you’re likely to be in a state of grief, meaning that making important decisions can be tough, at best.  Third, you don’t have the luxury of taking a lot of time to make all the necessary arrangements.  This is why, in 1984, a federal law called the Funeral Rule was enacted. It is enforced by the Federal Trade Commission, and it is aimed at protecting consumers from being taken advantage of when dealing with funeral providers.

What They Have to Tell You

Under the Funeral Rule, funeral providers are required to let you know certain information. For instance, if you go to a funeral home to inquire about prices, you should be given a written list or brochure that details the prices for individual services or products. Although you might opt to buy a funeral package, you can’t be forced to do so; when presenting funeral package, a funeral provider must list the individual values of the items included in the package, and allow you to pick and choose from among services and products.

What They Can’t Tell You

The Rule also requires funeral providers to be honest about what is legally required when it comes to funerals, and what isn’t. In Massachusetts, for example, embalming is not required by law. So, a funeral director can tell you the purpose and benefits of embalming, but he or she can’t tell you that embalming is a legal requirement.

Even with the Funeral Rule, planning a funeral can be difficult. If you have questions about what is and is not required, your estate planning attorney can offer guidance.

The Law Offices of James A. Miller is a member of the American Academy of Estate Planning Attorneys.

In what ways does your faith influence how you live your life? In big and small ways, our beliefs and our religious traditions have an impact on many of us, from the holidays we celebrate, to how we choose to raise our children, and for some of us, down to our daily routines and the foods we choose to eat or abstain from eating.

Faith can also have a huge impact on the medical treatments we choose, and those we avoid. And, if you’re severely injured or in the final stages of a serious illness, you might not be able to communicate your wishes concerning medical treatment. This is why it’s important to talk to your estate planning attorney about ensuring that your beliefs are honored by your doctors in case of your incapacity.

If you can’t make your own healthcare decisions, you need an Advance Medical Directive in place that clearly and effectively communicates what treatments you do and do not wish to receive, along with any religious basis for those wishes.

You also need a Healthcare Proxy. This document lets you appoint someone you trust – and who knows and supports your beliefs – to make medical decisions on your behalf in the event of your incapacity.

Your estate planning attorney can also help you put together a plan for your funeral or other final arrangements that honors your religious beliefs and traditions.

No matter what your final wishes, it’s important that you discuss them with your family ahead of time. This can be even truer when your loved ones don’t share your beliefs. Knowing what to expect in advance can help those who are close to you support your decisions, and it can result in reducing conflict during a stressful and emotional time.

The Law Offices of James A. Miller is a member of the American Academy of Estate Planning Attorneys.

Baby boomers are taking environmental consciousness with them to the grave – literally – with the trend of green burial. What is it? It’s choosing to be buried in a way that has a reduced environmental impact (as compared to a casket burial) and that has lasting positive impact on the environment. Here are some examples:

• In a green burial, the body is not embalmed and is not buried in a vault or traditional casket. Instead, a biodegradable casket or shroud might be used. Sometimes a traditional cemetery is used, but often a designated natural burial ground is the preferred location for a green burial.
• Eternal Reefs is a Florida company that creates living memorials by mixing cremated remains with reef materials and places the mixture in the ocean. Over time, a new reef forms. Not only does this restore the marine ecosystem, it creates a “permanent living memorial” for the deceased.
• There are now quite a few natural burial grounds, or green cemeteries, in the United States; however, the first was Ramsey Creek Preserve in South Carolina. It was established in 1998 and it specializes in burying the dead in hand-dug graves, using simple wood boxes without liners.
• Instead of headstones, tributes, or other traditional markers, those opting for green burials are memorialized with trees, shrubs or flowers planted on or near the grave, resulting in a living memorial.

The Law Offices of James A. Miller is a member of the American Academy of Estate Planning Attorneys.

With the rising cost of funerals, many people are opting to prepay for funeral arrangements and while this might sound like a good idea, there are some reasons why you should use caution when taking this route.

Although the concept of planning your own final arrangements is a good one, you may not want to pay them in advance for these services. It’s true that the funeral industry is regulated with rules on how they handle prepaid arrangements; nevertheless there have been many abuses of the system regardless of these regulations. Some of these abuses include stolen funds, and there are probably many more abuses than what are reported, simply because family members are too distraught at the time to put too much energy into complaints against a mortuary.

Some additional problems that might arise if you prepay for services include the possibility of the mortuary going out of business or filing bankruptcy and if this happens, there may be no way to recover the money you have already paid.

Another problem with prepaying is that the money may be non refundable, or come with a financial penalty if you need the money back. This could become an issue if you move to another area and need the services of a different mortuary. There is also the possibility that the cost of final arrangements will increase dramatically over time, and this will leave your loved ones with having to pay for the difference.

A much better alternative to prepaying for your final arrangements would be to set up a Trust and designate the funds to pay for your funeral arrangements. The reason that this is the better choice is that you will retain control over the money, and you can easily withdraw the money at any time.

Setting up a trust to pay for your final arrangements doesn’t mean that you cannot choose the mortuary that you would like to handle those arrangements. You can plan all of your own final arrangements and leave instructions to what these are in a document meant for this purpose. The only difference is that you will not be taking major risks of losing your money at some point before it is needed.

There are just too many abuses in the funeral industry to make it a sound decision to prepay for your funeral arrangements. Put your money aside, and then make sure someone knows what your wishes are concerning your funeral and other details.

The Law Offices of James A. Miller is a member of the American Academy of Estate Planning Attorneys.