While the primary focus for many clients creating an estate plan is determining how your assets will be distributed upon your death, it is also important to consider how your estate will be handled as a whole. The main goal of a successful estate plan is to leave a roadmap for your loved ones to follow to accomplish your wishes.
Although many individuals during their life express their wishes for burial or cremation to loved ones, those wishes are not always followed upon their death. This can cause unnecessary disputes between family members that can often lead to time-consuming and costly litigation. To avoid this, it is important to put your burial instructions and last wishes into a legally binding document.
Oklahoma law provides that an individual has the right direct the manner in which their body shall be disposed after death by executing a sworn affidavit with such instructions and naming a representative to carry out those wishes.[1] This document is a good addition to the Durable Power of Attorney for Healthcare and Advance Directive which direct how you would like medical, and end of life decisions made and who you would like to enforce those decisions.
To avoid unnecessary conflict and disputes between family members upon your death, it is important that your estate plan be comprehensive to include your burial instructions and last wishes. If you have questions or would like to update your current estate plan to include burial instructions, please contact our office.
[1] 21O.S. § 1151; 21 O.S. § 1158
