The death of a loved one is a difficult time for family members. Emotions can run high and might lead to family disputes when family members disagree on decisions regarding the funeral. While planning on the details of your funeral is not very enjoyable, it can help your family have one less thing to worry about as they pay their last respects.
Under California law, you have the right to plan your own funeral. However, your instructions will not be legally binding unless you put them in writing before you die. So make sure to properly draft your written funeral plan. The plan might be as simple as designating the person who will be in charge of planning the funeral.
If you don’t have a binding funeral plan, California law provides an ordered list of who has the right and responsibility to plan your funeral. First is your spouse or domestic partner. If you don’t have a spouse or domestic partner, your children are next in line. They will make decisions by majority rule. Your children are followed by your parents, who are followed by your siblings, who are followed by your next closest relative.
Some people choose to write an informal letter to their family members instead of a binding funeral plan. The problem with this approach is that your family members are free to disregard the letter. A binding funeral plan will give you the peace of mind that your funeral arrangements are followed and your family has less to worry about after you pass away.
If you would like assistance with preparing a funeral plan, feel free to contact us at (626) 696-3145.
