Can I Appoint a Funeral Agent to Handle My Arrangements?

You may have a clear idea of how you want to be honored and respected at your funeral services. But ultimately, you will not be around to execute your vision yourself. You can express your preferences to your loved ones, but to make it more official, you may go as far as designating a funeral agent. With that being said, please continue reading to learn why you should appoint a funeral agent to handle your arrangements and how an experienced estate planning attorney in Putnam County, at the Law Office of Andres D. Gil, PLLC, can help you execute your plans appropriately.

What is the difference between an executor and a funeral agent?

Though it may seem like a convenient option, it may not be best to have the executor of your Last Will and Testament document also serve as your funeral agent. This is because you may feel inclined to disclose your funeral and burial instructions in your will document. However, your will may enter probate after your funeral and burial services take place. Meaning, it will be too late for your executor to apply your directions.

What’s more, according to estate laws, your body is not considered part of your estate’s property. And so, your executor technically does not hold the power to handle your body for your funeral and burial. At the very most, they may be charged with managing the financial aspects of these plans, while your funeral agent executes these plans first and foremost. And so, in New York State, you may formally appoint your funeral agent through a legal document called the Appointment of Agent to Control Disposition of Remains.

Why should I appoint a funeral agent to handle my arrangements?

The most obvious reason for appointing a funeral agent is so that you can ensure that your funeral and burial are executed in your preferred manner. For example, your instructions may get as specific as your embalming preferences, casket or urn preferences, and headstone or marker preferences. But also, which funeral home to use for your wake, which church or chapel to hold your funeral, which cemetery to bury your casket/which location to spread your ashes, and much more.

With this, a designated funeral agent may help avoid potential disputes from arising amongst your loved ones. This is because, without this guidance, they may disagree on what you would have wanted and refrain from throwing in their personal opinions on the matter. Instead of being burdened with these stressful and costly plans and lashing out at one another, they may band together for what is most important: to mourn your loss and honor your legacy to the fullest.

If this blog has deeply resonated with your personal situation and concerns thus far, please reach out to a skilled estate planning attorney in Putnam County for more information. The team at the Law Office of Andres D. Gil, PLLC, will be glad to represent you in your upcoming legal case.