Estate planning typically focuses on wills, trusts, taxes, and asset distribution, but one of the most overlooked components is funeral planning. In New Jersey, failing to address your final wishes can lead to confusion, conflict, and delays for loved ones during an already difficult time. At KingBarnes Law Group, we help clients ensure every detail is accounted for, including funeral arrangements.
Many people assume their family will “just know” what to do. Others avoid discussing funeral preferences because it’s uncomfortable. But without written instructions and legal authority, your family may be left guessing, or worse, disagreeing.
New Jersey law does not automatically grant your executor or power of attorney the right to control your funeral. Unless specific steps are taken, decisions could fall to relatives in a statutory order, regardless of your actual relationship with them.
If no clear instructions exist, New Jersey’s Cemetery Act (N.J.S.A. 45:27-22) designates a priority list of next-of-kin to make decisions. This includes your spouse, adult children, parents, or siblings. Disputes can arise when multiple parties share equal standing, such as two children with differing opinions, or if estranged relatives are legally prioritized over trusted friends or partners.
In some cases, courts may be forced to intervene, delaying burial or cremation and creating additional emotional and financial burdens.
To prevent uncertainty, consider incorporating the following into your estate plan:
1. Appoint a Funeral Agent
New Jersey allows you to designate a “Funeral and Disposition Representative” in your will or via a separate legal document. This person will have the exclusive right to make decisions about your funeral, burial or cremation, and other final arrangements.
2. Create a Written Funeral Directive
Outline your preferences in writing, whether that includes cremation or burial, the location of your final resting place, or specific religious or cultural traditions. While this document may not be legally binding on its own, pairing it with a formal appointment ensures your wishes are respected.
3. Set Aside Funds for Funeral Costs
Funerals in New Jersey can range from $7,000 to over $15,000. Consider pre-funding your funeral through a payable-on-death account or a funeral trust. This ensures your appointed agent has access to the necessary funds without delay.
Addressing funeral arrangements in your estate plan gives your loved ones clarity, minimizes conflict, and ensures a smooth process during a time of grief. It also gives you peace of mind knowing that your final wishes will be honored, down to the smallest detail.
At KingBarnes Law Group, our estate planning attorneys serve clients throughout New Jersey with comprehensive, compassionate guidance. We help ensure no part of your legacy is left to chance, including the way your life is honored and remembered.
Ready to create a complete plan? Contact us today to schedule your confidential consultation.