Burial Disputes

The macabe scene surrounding the final resting place of Anna Nicole Smith should be a lesson to everyone, especially those of us with mixed families, children from different marriages and divorced parents. This is so, due to the fact that upon one's passing, their loved ones will choose how their remains will be handled. When the remaining family can not agree -- as was the case with Anna Nicole Smith -- what is known as a burial dispute arises. Prior to September 2006, there was not much you could do to prevent a burial dispute. While many attempted to voice their wishes in their last will and testament, the lengthiness of probate prevented a real likelihood that the will could offer any support.

Fortunately, the New York Legislature passed a bill, signed by Governor George Pataki that now allows all New Yorkers to control how their remains will be handled. This can be done without the painstaking process of probate, and is effective without the need of a judge's approval. Thus, you can now plan -- without fear of a prolonged or anguishing battle between family members -- whether you want a religious service, which religion will preside, whether you will be buried or cremated, and if cremated where your ashes will spead or maintained. The possibilities are endless and you can be as precise as you wish.

Moreover, the process is generally quite simple. However, there are some formalities that you must follow in order for this document to be effective, and it is generally recommended that you consult with an attorney prior to executing it.