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Funeral Trends in the Recession

Megan wells Megan C. Wells (2011 J.D. candidate, Texas Tech University School of Law) recently published her comment entitled Dead Bodies Everywhere (Dun Dun Dun):  Funeral Trends in This Recession and the Laws Regulating These Changes, 2 Est. Plan. & Community Prop. L.J. 485 (2010).  An excerpt from the introduction is below:

Tightened purse strings have led to changing ideas about traditional funeral and burial practices. This comment discusses the effects these changes have on the funeral industry, the legislation regulating this industry, and emerging trends attempting to lessen the tension post-death costs can have on an estate.

Funeral laws and trends can be characterized by two realms: the current law and its anomalies. The first half of this comment reflects funeral laws and practices that are relatively well-known, while the second half addresses emerging trends and the issues arising because of them. Part II of this comment describes the funeral industry and the recent rising costs of funeral expenses. Part III describes various methods of funeral planning, including the options of pre-planning provisions and the use of annuities and funeral trusts. Part IV addresses the options available to family members and the decision-making requirements of decedents.

Once current funeral law and practices are examined in detail, this comment explores the fascinating trends emerging due to the economic recession and changes in individual spending. Part V discusses the current surge in unclaimed dead bodies and the strain this places on county morgues, especially considering recent local governmental budget cutbacks. Part V further discusses state laws pertaining to indigent burials, including laws on abandoned bodies and government funded burial stipends. Part VI will address the increasingly popular phenomenon of home burials, death midwives, and recent state legislation attempting to regulate these practices. This part will also discuss the fact that some state laws discourage such practices, which reflects support of the funeral industry.  Part VII of the comment will explain why the impending decline in health of the baby boomers will place even more strain on estate and funeral planning. Indeed, this section will include a recommendation of where the law should move regarding the options available to families of decedents and governmental involvement in burial assistance. Ultimately, this comment demonstrates that current laws leave heirs and morgues with few concise options regarding the burial of decedents and urges states to enact laws which better regulate funeral and burial practices.