It’s Best to be Proactive When it Comes to Post-Death Decisions
Thanksto Joy Eckelkamp-Torres and Bryn Poland for their contributions to thisarticle.
Legaldecisions that follow the death of loved ones are complicated. The period of time immediately following theloss of an important person in your life, like a parent, spouse, sibling orchild, can leave you vulnerable to stress, misguided advice, or high-pressuresales tactics that lead to rushed decisions.
Hastychoices may leave a person in a poor financial condition and could potentiallyimpact the life of a survivor for years to come. So it’s important to be proactive when consideringpost-death decisions.
Donatingthe deceased’s body is one such consideration. Any adult living in Texas, whois of sound mind, may choose to donate their body by Will or other writteninstrument to be used for the advancement of medical science. Family members in the following priority maygive all or part of the decedent’s body if there is not actual notice ofcontrary indications by the decedent.
- Decedent’sspouse
- Decedent’sadult child
- Eitherof the decedent’s parents
- Decedent’sadult sibling
- Guardian of the person of the decedent at thetime of death
Suchgifts may be made after or immediately before death. In order for the gift to be valid, it must bemade by a document signed by the person or by telegraphic, recorded telephonic,or video or audio recording. Donation ofa body may also be specified prior to death on a donor card, driver’s licenseor personal identification certificate for gifts of the eyes, tissues or organs. For more information about these kinds ofdonations, contact the Living Bank at www.livingbank.org.
Makingadvance plans for a memorial service or funeral, also referred to as a“pre-need funeral contract,” is an essential part of post-death planning andwill lessen the stress of handling these arrangements during the grievingprocess, especially if the pre-need arrangements are paid for in advance. Personal preferences may be made in writingand a copy given to family members, friends or an attorney to keep in a safeand accessible place. Veterans or theirfamily members should inform their funeral director if they want militaryhonors. Veterans and their immediatefamily members are entitled to burial in a VA National Cemetery. For additional information about militaryhonors, visit www.militaryfuneralhonors.osd.mil.
Another important post-death consideration ispaperwork. The more organized yourestate documents are, the easier it will be for a surviving loved one to findthe documentation necessary to carry out your wishes. If these documents are kept in a safe depositbox, be sure to identify the appropriate person on the account card of thefinancial institution where the box is held. Documents to have prepared and organized are a Will, list of allfinancial institutions and account numbers, life insurance policies, SocialSecurity card, tax returns, deeds, and other information related to thedecedent’s assets and income.
Obtaining several certified copies of the deathcertificate is prudent, as each financial institution holding the decedent’saccounts, life insurance company, employer death benefits, government agencyand immediate family need an original.
Awarenessof post-death decisions can lessen the burden on surviving loved ones, which isreason enough to start making or reviewing your plans today.