Michigan Estate Planning ALERTS!
TAKE CONTROL OF YOUR FUNERAL:
A NEW MICHIGAN LAW PROVIDES THE ANSWER
You may be surprised to know that prior Michigan law and did not allow you to appoint someone to be in charge of your funeral and burial. That has been changed by Senate Bill 551 which allows for the appointment of a funeral representative who is authorized to handle your funeral and burial arrangements.
Prior law gave surviving spouses of deceased persons the decision-making automatic priority. So, few conflicts happened in these cases. But for unmarried persons who died, conflicts and confusion were common because the law gave equal decision-making authority to one’s next-of-kin. Funeral homes and cemeteries would be at a loss when two or more next-of-kin, of equal status, had different ideas about the funeral and burial of their deceased loved one. For example, one child might push for a deceased father’s cremation with the funeral director and another for his earth burial.
Under the prior law, estranged or distant relatives might step in and take charge and push for a funeral the decedent didn’t want.
These problems can be eliminated under the new law which allows you to use a special form to appoint a funeral representative to take charge of your funeral and the burial. If you do, everyone including the funeral director, has to follow the directions of your funeral representative. Your signature on the form has to either be notarized or have two witnesses.
However, the new law does not require your appointed representative to follow your funeral and burial wishes, but it does say the funeral representative may follow them.
Anderson Brogan and Yonkers has designed a funeral representative declaration form which we are making available to the public at no cost. You are invited to call, write our firm, or download the form below. Don’t leave without letting your loved ones know your wishes. Write them down.
To download this Alerts form, click below.