A good estate plan contains everything you need to not only ensure your property goes to whom you wish to receive it, but also covers what you want to happen to your body after you die. In Arkansas, you have the ability to take steps to state in detail as to what your funeral wishes are, and make sure someone has the legal authority to see they are followed.

Tip 1: Make your choices known. A good funeral plan starts by discussing your desires with your family and friends. Once you make your wishes clear, you can then ask someone to act as your agent to carry them out.

Tip 2: Give someone the authority to carry out your wishes. Arkansas law allows residents the right to designate someone else as their agent to carry out their funeral arrangements by creating a “Directions for Disposition” form. The law requires that you create or fill out a form stating who your agent is, what your wishes are and then sign the document. You must have two witnesses sign it as well.

Tip 3: Make arrangements with a funeral director. A good funeral director can walk you through the process and forms you need to fill out when making your funeral plans. However, there are specific laws that apply to funerals and pre-paid funeral plans.  It is important that you consult with your attorney when you are making funeral arrangements so that you can incorporate it into your overall estate plan.

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.

While it can be sad to think about death, it is important to think ahead and incorporate funeral planning into your estate planning.  This can be a way for you to express your wishes so that family and friends can easily plan your funeral arrangements.  Take a look at some of the frequently asked questions regarding funeral planning.

Why should I provide written instructions?

You may think that your loved ones know your final wishes, but they may have a different idea in mind.  By providing written instructions regarding your funeral planning, your family will be able to easily make decisions during a difficult time.

What things will I need to include in my planning?

Your funeral planning instructions can include a variety of things.  You may want to consider the following:

• Do you want to be buried or cremated?
• Do you want to have a ceremony after your funeral or scattering?
• Where do you want your body buried or scattered?
• Do you have any location preferences for a ceremony?
• Do you have any special requests for your burial or ceremony?

Where should I leave written instructions?

Most people choose to leave these instructions with the executor of their estate and an attorney.  It is also a good idea to make copies and give written instructions to your family members. This will help to make sure that all family members know and respect your wishes.

What happens if you do not provide funeral arrangement instructions?

If you do not write down your wishes, state law will determine who will make these decisions.  Most states follow this order: spouse, children, parents, next of kin, and public administrator (appointed by court).

This may mean that your wishes are not granted.  This is why it is important to have written funeral arrangement instructions.

If you have questions about funeral arrangements or estate planning in general, consult an experienced estate planning attorney. 

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.

The cost of a funeral varies depending upon what services you get. The total costs can range from $5,000 to $10,000. Be knowledge about what is charged for various services can help you get the best price at a time when you or your family is not at their best.

• The Professional Service fee – is one that you cannot get around. It can cost as little as $695 or as much as $3000. Other costs of the funeral are in addition to the professional service fee.
• The casket is one of the biggest expenses for a funeral. A commonly purchased casket of 18- gauge steel averages about $2300. The 20-gauge steel casket is lighter in weight but sells for less. It is not uncommon to see markups of 300% in this area. If you can shop around this is the time to do it.
• Embalming – is mandatory for open viewing funerals and may also include costs for cosmetics and hairstyling. If the body is not being transported across state lines, embalming is not necessary.
• Funeral Service – is generally less expensive if held at a church as opposed to a funeral home or chapel.
• Cremation – costs much less than a burial service because it is simpler. Funeral Homes often try to make up for that by trying to talk family members into expensive urns or extras like cremation jewelry. Remember that the amount of money you spend is not an indication of how much you loved the deceased.
• Cost of burial will depend upon whether it is an in ground burial, mausoleum, or lawn crypt. It also depends upon the cost of the funeral plot, which can vary from a few hundred dollars to thousands.
• Cost to open and close the grave. It is cheaper to have a funeral during the weekday from 9 am to 3:00 pm. Evening and Saturday funerals cost more.

Funeral homes are required to give you a price list if you contact them directly. Another good source to survey cost is to check with a memorial society in your area. They routinely survey the costs of funerals.

Deborah Sexton Law Office, PA is a member of the American Academy of Estate Planning Attorneys.