Friday, January 17, 2014

So you want to be cremated in Michigan? Not so fast!


Michigan law does not provide for a living person to direct his disposition after death (i.e. cremated, buried) – that would violate the due process rights of post-mortem interests in the body (I can't make this stuff up!).  This is a problem for someone who wants to be cremated.  Unless a living spouse, after death of the other spouse, signs the authorization to have the body cremated, cremation requires unanimous approval of the next of kin.  So if your son or daughter refuses, you can't be cremated--at least in Michigan.

But, other states such as Indiana and Ohio, permit the appointment of a personal representative to authorize someone's final arrangements.  BUT, don't haul the body in the back of your truck, use a licensed mortuary to arrange for pick-up of the decedent in Michigan.

Another way to address this is to include a clause in your will or trust stating that if any beneficiary refuses to cremate you after death, they are cut out of your will (notwithstanding statutory beneficiaries).

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