Legal Question in Wills and Trusts in New York

Re: Is an obituary legally required?

The is no requirement that an obituary be published. I believe, in most cases, an obit is a source of revenue for a newspaper.

Daniel Clement

Re: Is an obituary legally required?

In most cases, no obit is required. They are usually done to notify friends and distant family of the death, or to make the accomplishments of the decedent known. This is usally discussed with the funeral home who makes the arrangements for it, unless the family does it directly, so you should inform those who might be making these arrangements not to do so.

Re: Is an obituary legally required?

I, too, am a very private person and I am uncomfortable with publicity and seeing my name in the paper (my mother , on the other hand, loves seeing it!)

I learned something at my father's funeral: the obituary is for your friends and other people that want to pay their respects. It lets them know of your passing and where a service will be held. The rest is whatever.

What you can do is pick out a funeral home (this will enable you to negotiate a price when your negotiating power is strongest so your family will not be taken advantage of) and write your own obit.

It might read, "Mr. John Doe of xyz street, born on x/x/19xx, has passed on. A service will be held at xyz Funeral home on this day at x time. Rather than flowers, a donation to this named charity would be appreciated".

A few facts to indentify you, the time/place of the service, and a charity.

I did not understand what a funeral was about until I participated in my father's 3 years ago.

By the way, preparing for death is great - my father made it very easy on us by organizing all of his documents, but remember; you are still alive!

May you have many years to draft your obituary.

Andrew