New York Estate Planning & Elder Law Blog
Recently, after a mother in Oregon lost her four-year-old son in an accident, the woman to take the boy’s body back to the family’s ranch home. While the mother wanted a little more time with her child, she was instructed by a medical examiner that this request was not capable of being fulfilled. After navigating the various regulatory hurdles, the family ultimately took the boy home and placed him to rest on the property. During this time, the boy’s mother learned that Oregon law, there are no requirements that a person purchase the services of either a funeral director or funeral home.
Despite the lack of regulations, people rarely decide to hold a home funeral. Not only does this story emphasize one of the reasons why family members should know the rights of loved ones, but this story is also a reminder that medical professionals are also sometimes not familiar with the rights of surviving loved ones. The family’s journey in helping hold a home funeral also inspired the family’s creation of a website, Oregon Funeral Resources & Education.
The Role of Home Funerals in New York
The concept of a “home funeral” refers to a funeral service that is held for a deceased person at the home of the surviving loved ones. In some situations, families might additionally make arrangements ta local churches or other important centers to hold arrangements.
Much like Oregon, the law in the state of New York does not require families to use a funeral teacher to oversee the state-regulated aspects of funerals like signing death certificates, obtaining burial permits, and being present at the final point of disposition.
Deciding if a New York Home Funeral is Right for You
There are many reasons why families in New York decide to have home funerals. For one, the family might be like the one that began this article and simply want additional time with a deceased loved one. Other times, families might want to save on costs. Home funerals also provide surviving loved ones with increased control over the visitation process.
While you might think that a home funeral is a good idea for your family, it is important to remember some important details like:
- Caskets are very large and sometimes cannot fit through door frames.
- Families cannot use a metal casket if cremation is planned.
- If the family needs to move the deceased person’s body, the family must comply with New York state requirements regarding transit permits
- Several requirements must be met for home burial. First, a burial permit must be obtained from the New York Registrar of Vital Statistics. Second, local zoning laws should be inspected to make sure that burial is permitted.
- Unrefrigerated remains must be cremated or interred within three days
Contact an Experienced Estate Planning Lawyer Today
Making proper funeral arrangements is just one of the challenging parts of creating a successful estate plan. If you need the assistance of an experienced estate planning attorney, do not hesitate to contact Ettinger Estate Planning today to schedule a free case evaluation.