Bribing a Survivor to Protect Your Cadaver—Part 1

Body disposition methods in the United States have evolved from traditional burial and cremation to include unconventional and sometimes controversial options. Burial has historically been the predominant choice due to religious and cultural influences, but fire cremation has gained popularity, recently surpassing burial because of its lower cost and perceived environmental benefits. Newer methods like alkaline hydrolysis, also known as aquamation, and human composting are becoming more accepted and legal in various states, offering eco-friendly alternatives. These options, however, have sparked debates over their moral and ethical implications, particularly among religious groups and policymakers.

Innovative practices such as composting remains into soil, turning cremains into fireworks, and donating cadavers for medical or scientific purposes introduce additional ethical concerns. Other methods, including sky burials or green burials, emphasize environmental sustainability but may conflict with societal norms or personal values surrounding dignity. Misuse of these approaches, such as ignoring a decedent’s wishes or engaging in disrespectful practices, underscores the importance of intentional planning and decision-making regarding body disposition.

To address these challenges, estate planners and individuals are encouraged to focus on respectful and deliberate arrangements for remains. Incorporating financial incentives or explicit instructions into estate plans can help ensure that a person’s wishes are honored, even as innovative disposal methods continue to emerge. Staying informed about these options and their associated risks enables individuals and their advisors to navigate the sensitive topic of end-of-life arrangements more effectively.

For more information see William A Drennan “Bribing a Survivor to Protect Your Cadaver—Part 1” ABA Probate and Property Journal, Jan/Feb 2025.