Legal Question in Wills and Trusts in New York

Re: burial instructions

In New York, the Public Health Law allows the decedent's next of kin to claim their body and determine how they will be buried, or otherwise disposed of. However, their decision can be overruled if the decedent's clear wishes were contrary.

As a practical matter, if you believe your next of kin will follow your instructions, you need only tell them what to do. But if you think they will not follow your wishes, or if you think a dispute may arise (for instance, if your first wife bought a family burial plot for both of you, but your second wife wants you to be buried with her family), then its a good idea to specify your wishes. You can ask your attorney to make provision in your Will. There is no magic language, as long as your wishes can be ascertained.

Re: burial instructions

Burial wishes are a sensitive issue and you are to be commended for addressing them at this time. Under NY law, in the absence of any instructions from the deceased, the family determines the form of burial. While any writing sufficient to make a will valid will also make burial instructions valid (making it a part of your will is an excellant decision), being as specific as possible will make the burden easier on your family. Do not concern yourself with 'legal language', that is your lawyer's job.

You are welcome to a consultation at no fee at my offices at 42 west 44 st, ny,ny. please call for an appointment first - 646-591-5786.