Most estate planning discussions are about the transfer of wealth in order to create a lasting legacy. Although this might be the most important thing to consider for those that remain, a question that doesn’t get quite as much attention may be a bit more personal and even harder to think about – What will happen to your body?
Traditional and emerging choices
Every January, estate planners from around the country converge on Orlando, Florida, for the Heckerling Institute on Estate Planning. This year, included among the discussions of tax strategies and business succession planning was a new topic, “Planning to Meet One’s Maker: The Intersection of Religious Beliefs and Estate Planning.”
The discussion concerned religious considerations in the disposition of bodies after death.
Until the late 19th century, burial was the only legal method for handling dead bodies. Cremation was then legalized, and it has slowly but steadily gained in popularity, reaching an estimated 62% of dispositions of remains in 2024.
Law professors Tanya Marsh and Quincey Pyatt conducted a survey in March 2024 to learn how much the general public knows about the choices that are now available. These are:
Cremation – in which the body is placed in a chamber and heated to a very high temperature until it is reduced to ashes.
Casket burial – the placement of the body in a specially designed box called a casket, which is either buried in the ground or kept in a mausoleum.
Donation to science – in which the body is given to a medical school or other organization that uses the body for medical research or education. When that usage is complete, the body is cremated, and the ashes are returned to the family.
Green burial – is the burial of the body without treatment with chemicals (embalming) either directly in the ground or in a biodegradable container in the ground.
Natural organic reduction – sometimes called “human composting,” places the body in a container filled with natural materials and microorganisms that break down the tissues into soil. (The presenters emphasized that the process does not involve worms.)
Water cremation – or more formally, alkaline hydrolysis, places the body in a chamber with a mixture of water and chemicals, which is then heated and pressurized until the body is reduced to liquid and powder called “ashes.”
More than 90% of the respondents had heard of the first three options, and more than 40% were open to considering any of the newer choices.
Respondents were then asked to rank their preferences for these disposition approaches. Some 62% ranked cremation as a first or second choice, while only 38% identified casket burial that way. Surprisingly – Casket burial was the first choice of only 16.7% of those ages 60-78 in the survey, and it was not much higher for younger respondents.
Interest in green burial was strong, with roughly 60% of those under age 60 saying they would consider it (only 46% of those over 60 felt that way).
As new technologies emerge, there may be more reasons to choose the ashes route as we touched on in our blogpost “Bereavement and Remembrance” last year, with companies such as Eterneva and PartingStone turning ashes into jewelry or stones so that a remembrance can be worn or kept nearby without feeling intrusive.
Make your wishes known.
Some people have strong feelings about what will happen to their bodies after life; others are less concerned. Whatever your feelings are, communicate them with family members early and clearly. Don’t rely on will instructions or papers in a safety deposit box—those might not be discovered until it is too late.
Another focus in the seminar that was surprising to many was that the geographic location of death can make an impact on the options available and law governing those options. Suddenly dying on vacation may make a difference, so arrangements should take that possibility into account as much as possible.
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One of our roles in estate planning is the ability to serve as executor or personal representative of the estate. Who should you choose to settle your estate? We have the skills, the experience, and the knowledge to properly handle the job of estate settlement. We are available, and we are impartial. We understand the nature of fiduciary responsibilities, and we know how to discharge them.
Would you like to learn more? Please call on Garden State Trust Company for more details about our estate settlement service.
