Legal Question in Wills and Trusts in Illinois

Re: Burial Requests

It is a good thing that your father is attempting to get this issue resolved before anything happens to him, because it sounds, unfortunately, like there will be some trouble in the family no matter what is done.

Your father may want to pre-pay the funeral costs through the cemetery where his plot is located (or through a funeral home affiliated with the cemetery), so that it becomes a financial burden for the family to do otherwise at the time of his death.

Another suggestion might be to have a power of attorney (not appointing the current wife as agent)for healthcare that allows the agent to make decisions as to the "disposal" of the body. Your father's wishes should be spelled out in detail in such a power of attorney, even stating that his wishes should be following over the anticipated objection(s) of other family members.

Lastly, the person named executor under the will should be someone other than his current wife.

Even with these safeguards, however, it is possible that the wife will rush to sign papers before anyone else has a chance to do so.

I'm assuming that the wife's reason is that she does not want your father buried next to his former wife. When emotional decisions like this are involved, it becomes very difficult to satisfy everyone.

I would recommend discussing your concerns with an estate planning attorney who can review the existing documents and make recommendations for additional legal safeguards.

This posting should not be construed as legal advice, since I have not reviewed any documents, and my answers might change upon such review.

Good luck to you.