How Can I Make Sure My Funeral Wishes Are Followed in New York?

Yes, you can make funeral and burial arrangements within your last will and testament in New York. As long as the person administering your remains is legally appointed and your will contains legal and feasible instructions these should be followed. However, your will may not always be the best way to ensure that your wishes are met as your will may not be found before arrangements start.

Instructions within a Will in New York

The New York Public Health Law Section 4201 sets out that instructions in your will are evidence of your intentions. If there is no properly appointed Disposition Agent then the law will dictate that your surviving relatives have priority. Your Executor will not have priority over your spouse, civil partner and adult children.

An Executor may not have the authority to decide how you want to be buried if there are disagreements between your relatives.

Appointment of an Agent

You can use a form provided by New York to appoint an Agent to control how your remains are disposed of. This form allows you to appoint an agent, name alternatives and make specific instructions. This form must be signed by you, two adults and your agent must sign to accept. If your agent is properly appointed they will have the highest priority.

Ensure that whoever you appoint has the ability to act quickly, discuss difficult decisions and communicate with your relatives. Ask them if they are able to do this and explain what wishes are the most important.

Specific Instructions

Write down whether you want to be buried or cremated, where you want to be buried and if you want any religious ceremonies. Separate any essential instructions from any personal wishes.

Before instructing to be buried in a certain cemetery or having a certain service, make sure that there are no issues with availability, cost or requirements. Make sure that there is an affordable alternative should your first choice not be available. This will help your representative to make decisions without any assumptions.

Consistency and Accessibility

Ensure that your last will and testament in New York is consistent with your appointment and any existing arrangements.

Ensure your agent has access to copies of this. Tell your relatives where the original documents are kept. Ensure that any changes have been made if there have been changes in relationships or wishes. If there are conflicting instructions or you expect there to be any family arguments then seek advice from an estate planning solicitor in New York.

Author Bio:-

Carl often writes about legal drafting, legal documents, legal forms, and legal agreements to help people who need them. You can find his thoughts at printable last will forms blog​.