Posted on February 9, 2011 by Greg Herman-Giddens

Am I Ready to Die?

I'm at home today, sick with the flu.  Last night was rough, fever, chills, cough, and inability to sleep, but I feel a bit better right now.  However, during the worst of the night, a thought came to mind that it might actually be a relief if my mortal existence ended.  Not that I really wanted it to, but it made it easier to imagine truly feeling that way in the event of a painful terminal illness.

As I often say, estate planning involves sometimes difficult discussions.  This post is no exception.  This morning I thought to myself, that while I by no means wish to die any time soon, if the time came now, I am ready in many respects:

  • I tell my family members regularly that I love them.
  • I have some regrets, but for the most part I've had a life well-led.
  • I believe that I have been forgiven for the few times that I have regretfully hurt others.
  • My family members know my wishes for a memorial service (party!) and disposition of my remains.
  • My will and trust are up to date and reflect my wishes.
  • The beneficiary designations for my life insurance and retirement are coordinated with my estate plan.
  • For my few important personal possessions - family antiques, Winchester .30-.30, paintings and prints, etc. - I have specified which items will be given to daughter and which to my son. 
  • I have made arrangements for a meaningful charitable gift. at my death.

So, while I hope the rider on the pale horse does not appear on the horizon for me for a few decades, if he comes I will know I have prepared the best I can.

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Posted on June 16, 2009 by Greg Herman-Giddens

Diposition of Cremated Remains in NC

Cremation is an increasing common way of handling human remains.  While cremated remains are sometimes buried, there is often a desire on the part of family members (or a request from the deceased) to scatter the ashes somewhere.

North Carolina General Statutes Section 90-210.130(f) provides for legal methods of scattering of cremated remains:

  • over uninhabited public land
  • over a public waterway or sea, subject to health and environmental standards
  • on private property of a consenting landowner
  • must be removed from the closed container

Boats or airplanes can be used to perform the scattering.  Scattering in a scattering garden in a dedicated cemetery is also permitted under NCGS Section 90-210-130(c).

Keep in mind that unless the deceased has requested cremation in a Will, Health Care Power of Attorney or other writing witnessed by two people, the next of kin must consent to the cremation in writing before it can take place.

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Posted on January 15, 2009 by Greg Herman-Giddens

Prepaid Funeral Plans can be a R.I.P. Off

See this article from the AARP website.  I have had clients who have lost money when their prepaid plans were not honored.  The longer ago the plan was purchased, the more likely it is that there will be a problem.  Ownership changes, business termination, and theft or fraud can all affect plans.

One alternative is to establish an irrevocable funeral trust, funded by life insurance.  This technique will protect the policy and provide cash to pay additional expenses such as travel to the funeral, etc.  However, one must be in good enough health to qualify for the insurance coverage.

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Posted on February 22, 2007 by Greg Herman-Giddens

Put Cremation and/or Burial Wishes in Will

The recent highly publicized disputes over of the disposition of the bodies of James Brown and Anna Nicole Smith has lead me make an extra effort to ask clients about their wishes for cremation and/or burial.  The wishes should not only be communicated to family members, but reduced to writing to provide evidence should family members later disagree.  Besides including the instructions in a Will, it may make sense to include them in a Health Care Power of Attorney.

In North Carolina, a person can only authorize his or her own cremation in a Will, Health Care Power of Attorney, Preneed funeral contract, offical cremation authorization form, or a written statement witnessed by two people.  In other words, a simple note in one's own handwriting, with no witnesses, is not valid.  Click "Continue Reading" to view the NC law on cremation authorization.

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