Founding Attorney
Who will make the decisions about your funeral if you don’t? Without clear instructions, your loved ones may be left guessing or even disagreeing during an already emotional time. Including funeral and memorial planning in your estate plan can ease that burden and ensure your wishes are respected. At Unique Estate Law, we work with Minnesota families to help them put those plans in writing, offering peace of mind for everyone involved.
Documenting Your Funeral and Memorial Wishes
You have the right to choose how you want to be remembered. Documenting your wishes in writing ensures that your voice is heard when you can no longer speak for yourself. You can include details such as:
- Whether you prefer burial, cremation, or another method
- Your chosen location for burial or ashes
- Religious or spiritual elements you want to include
- Songs, poems, or speakers for your service
- People to notify or invite to your memorial
Minnesota law allows you to create a written declaration that outlines your funeral plans. This declaration can be legally binding if it meets certain requirements. We recommend keeping these instructions in a place that’s easy to access, ideally outside of your will. We’ll help you decide the best place for this information based on your overall estate plan.
Prepaid Funeral Arrangements and Considerations
Some people choose to make financial arrangements for their funeral ahead of time. These plans can take the form of a prepaid contract with a funeral home or a dedicated funeral trust. Prepaying can ease financial stress on your loved ones and may lock in today’s prices.
However, prepaid plans can come with some risks. You’ll want to make sure:
- The funeral provider is reputable and financially stable
- The plan clearly outlines what is covered
- Your family is aware of the arrangement and can access it when needed
It’s also wise to ensure the plan is portable, in case you move or change your mind. We can review any contract you’re considering and make sure it fits with the rest of your estate plan. If you’ve already prepaid, we can help document it properly so it doesn’t get overlooked.
Organ and Tissue Donation Directives
If you wish to donate organs or tissue after your passing, it’s important to make that clear in advance. In Minnesota, you can express your decision in several ways:
- By checking the organ donor box on your driver’s license
- By registering with the Donate Life Registry
- By including your wishes in your health care directive
Including this information in your estate planning documents adds another layer of certainty. It also provides comfort to your loved ones by removing any doubt about what you would have wanted. We’ll make sure these preferences are clearly stated and easily accessible.
How to Make Your Final Wishes Legally Binding
While it’s common to include funeral preferences in a will, that may not be enough. In many cases, a will isn’t read until days or even weeks after a person’s passing. That’s why we recommend creating a separate written declaration or including the instructions in your health care directive.
You can also name a specific person, called an agent, to carry out your funeral and memorial wishes. This gives that person legal authority to act on your behalf. We’ll help you draft clear, enforceable instructions and ensure your agent understands their role. If you already have a plan in place, we can review it with you and update it if needed.
Plan Ahead for Peace of Mind
Including funeral and memorial planning in your estate plan allows your loved ones to grieve without added stress or uncertainty. It ensures that your personal values, preferences, and legacy are honored the way you intended. At Unique Estate Law, we take the time to get to know you and your wishes. If you’re ready to get started or want to update your current plan, contact us—we’re here to help.