What Are Green Funerals?

Sep 02, 2011  /  By: Stephen A. Mendel, Estate Planning Attorney  /  Category: Final Arrangements

When you think about the typical funeral it involves numerous steps which ultimately place a lot of chemicals into the ground.  From metal coffins, to the concrete vault, to the plastic lining in the coffin, and the chemicals used in the embalming process, it creates quite a toxic list that has to be buried.  But there are ways to reduce this amount by going green when it is your time to go.

 

Start with the burial location.  Believe it or not there are actual “green” cemeteries.  These facilities are designed to keep out the numerous toxins that accompany a burial.  The goal is to only bury things in the earth that will decompose.

 

Next, consider using a casket that is either wood or something else that will decompose well.  You can choose whatever type of material you wish so you get to be as creative as you like.  Even cardboard, could be used.   Surprisingly, the law states that you can be buried in whatever type of container you prefer.  An added bonus is that going with your biodegradable design will save your family some serious money.

 

Despite what some people believe, a burial vault in not a requirement for a plot.  Your “container” can be placed directly in the ground- just like in the good old days.  Cemeteries use vaults because it makes it easier for them to maintain the grounds by preventing the ground from settling unevenly.  But concrete has a list of chemicals that it leeches out as time passes.  Avoid further contamination of the earth and, again, save more money for your family to have access to.

 

Besides the housing, consider a greener body.  Forgoing the embalming process means keeping gallons of harsh chemicals out of the ground. Over time, these chemicals will eventually make their way into the earth, which means into the water supply, as well.  Not a good legacy to leave for future generations.

 

Unless it is an absolute necessity, embalming is an extra expense.  Cutting out this step is yet another way to save your family a significant amount of money.

 

In the end, you will need to do some research to find the right facility to be buried and the right companies that will honor your wishes for the other requirements.  Going this route might sound a little insensitive for some, but just consider it as your last official act of leaving a green legacy.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

How Can I Donate My Body To Medicine?

Aug 29, 2011  /  By: Stephen A. Mendel, Estate Planning Attorney  /  Category: Estate Planning, Final Arrangements

Medicine involves a continuous journey of learning and new discoveries.  But this wealth of information doesn’t just appear.  It comes from the study of the human body, or more precisely cadavers.  How can you do your part?  What if you want to donate your body to medicine?

 

The important thing to remember is that facilities that accept these donations prefer a body that is intact.  If organs have been removed for other reasons, the facility will most likely decline the donation.  Medical facilities require complete bodies in order to gain the full learning experience that they are need.

 

If this is your wish, you need to make arrangements in advance.  This is not something that you want to put on your family after you are gone.  Making the correct stipulation in the right location can ensure that your wishes are kept.

 

It is imperative that your desire be noted in either a living trust or in a simple letter to the executor of the estate.  Placing this request in your will is not suggested due to the fact that your will might not be read or settled until quite some time after your passing.  By then, it will be too late for your wishes to be met.

 

Without specifying who your remains are to go to, there could also be a disruption between arguing family members who do not share your wishes.

 

Your first step is to contact the appropriate state agency to find out if there are any specific guidelines or restrictions when it comes to whole body donations for medical purposes.  Some states have very specific rules that must be obeyed in order to participate in this program.

 

It is also advisable that you contact the institution that you wish to make the donation to and make the necessary arrangements with them in advance.  The facility can also make arrangements with your next of kin to accept the donation immediately after death.  In order to do so they will need the written permission of the appropriate family kin or that of the medical agent who is in charge.

 

There is always the possibility that the school will reject your donation or won’t be able to use it for their purposes.  In this instance, they can assist the family in trying to locate another facility.  If one cannot be located, it will be up to the family to make funeral arrangements.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

Five Things You Must Do To Get Your Affairs in Order

Aug 26, 2011  /  By: Stephen A. Mendel, Estate Planning Attorney  /  Category: Asset Protection, Estate Planning, Final Arrangements, Financial Planning, Incapacity Planning

No one likes to think about it, but it’s a fact of life. At some point, we will all need to have our financial affairs in order because everyone passes away. Making decisions early will allow you to have some semblance of security that your loved ones will be taken care of and will go through less grief when it comes to your financial affairs. Here are five things you can do to get your financial affairs in order.

 

First, you should really consider having life insurance especially if you have young kids or own property. If you think you may have estate taxes when you pass away or you will a lot of debt, it makes good sense to have life insurance. Purchase it as young as possible so that you will get better rates.

 

Second, you need to make certain that you have a financial power of attorney who can make decisions about your finances in case you become incapacitated. For instance, if you were to end up in an accident and then in a coma, you will need someone who can handle paying your bills, selling real estate if necessary and handling the other financial affairs that may come up.

 

Third, make sure that you protect your children as much as possible by naming a guardian who can take care of them and manage any money or property that you are leaving to them. A qualified estate planning attorney can help you with this.

 

Another important component of planning your financial affairs is covering any funeral expenses up front. You can set up a specific kind of trust that will allow you to deposit funds so that your affairs are taken care of without burdening your family or loved ones.

 

Finally, make sure that you store all of your documents in a place where your executor can find it. This includes things like your will, trust documents, stock certificates, real estate deeds, bank account information and life insurance information.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

Green Funerals

Mar 28, 2011  /  By: Stephen A. Mendel, Estate Planning Attorney  /  Category: Final Arrangements

Going green is becoming a part of life for more and more people. If you want to make an impact beyond the eco-conscious decisions you make during your living years, you can opt for a green funeral. The traditional funeral makes a huge environmental impact, and a green funeral involves choosing to reduce that impact. There are a number of ways you can do this, including:

  • Forgo Embalming: Embalming fluid contains large amounts of formaldehyde, plus other toxic chemicals. Not only are these chemicals dangerous for the people who have to work with them, once a body is buried, the chemicals can contaminate the surrounding soil and ground water.
  • Choose a Biodegradable Casket: You don’t have to be buried in an expensive metal casket. A wooden casket is a simple, biodegradable choice with the added benefit of being friendly to your family’s pocketbook.
  • Choose a Container Other Than a Casket: There is no law that requires you to be buried in a casket. Proponents of green burial recommend burial shrouds as an alternative to caskets. They also recommend biodegradable urns for those who opt to be cremated.
  • Use a Green Burial Ground: Green burial grounds, or green cemeteries, are gaining popularity in the U.S. The burial practices used by these cemeteries are aimed at sustaining the environment, and include avoiding the use of metal caskets, burial vaults, and embalming. You can find a green burial ground or a green funeral provider by visiting the Green Burial Council.
  • Consider Cremation: Cremation can be an environmentally friendly option, especially if you choose a newer facility that uses less fuel.

As with any funeral plans, once you’ve decided what you want, it’s important that you let your loved ones know your wishes. Many people include some version of their final wishes in their will, but it’s a good idea to discuss the topic ahead of time with those closest to you, and to keep your written funeral plans in a place where they can be accessed when they’re needed.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

The Gift of Life: Organ Donation

Jan 15, 2011  /  By: Stephen A. Mendel, Estate Planning Attorney  /  Category: Estate Planning, Final Arrangements

According to Donate Life Texas, there are more than 96,000 people across America awaiting an organ or tissue transplant. 7,000 of these people are Texans. There’s an urgent need for organ and tissue donors, as an average of 17 people die each day waiting for transplants. In Texas alone, over 500 people died last year while awaiting a transplant.

How can you become a donor? You can register with the Glenda Dawson Donate Life Texas registry. It’s the official organ donor registry for the state of Texas, and there are two ways to sign up. The first is to register at your local DPS office when you renew your driver’s license. The second is to register directly at www.DonateLifeTexas.org.

After you register, you’ll want to talk to your estate planning attorney about making sure that your status as a donor is noted in your Durable Power of Attorney for Healthcare and your Living Will. You’ll also want to talk to your family members and let them know you’ve chosen to become an organ donor.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.

What is the Funeral Rule?

Aug 10, 2010  /  By: Stephen A. Mendel, Estate Planning Attorney  /  Category: Final Arrangements

Did you know that you do not have to buy funeral packages from your funeral home? Whether you plan your own funeral in advance or you have to plan the funeral of a loved one, you should know that you have rights in regards to funeral services.

The Funeral Rule is a law monitored by the Federal Trade Commission. Understanding your rights when purchasing funeral goods can save you money and allow you to only get the services you wish to have.

Getting Prices

The Funeral Rule requires a funeral home to provide you with prices for services and goods via the phone and by written statement before you purchase those services. The funeral home must let you know all services that are included in a package and give you the exact price for each service. They must also let you see a price list of caskets or urns. Seeing individual prices can help you shop around for the lowest priced funeral goods. Once you have made your choices, your funeral home must give you an itemized list of all that you are purchasing before you pay.

Choosing Services

Funeral homes will often try to sell a package that includes many services that are not actually required by law. For services that are legally required, your funeral home must provide a written explanation. They also must allow you to use an urn or other container instead of a casket if you choose cremation over burial. If you wish to shop around and save money on a casket or urn, your funeral home must accept whatever container you purchase. They cannot require you to use one of their caskets or urns.

This rule was enacted to ensure that funeral homes don’t take advantage of grieving loved ones during a time of distress. If you have questions about what funeral homes can or can’t do, contact your estate planning attorney and they can help advise you on your next step.

The Mendel Law Firm, L.P. is a member of the American Academy of Estate Planning Attorneys.