Legal Planning for a Graceful Departure

By: Hayley Edevold

One element of estate planning involves instructing the agent of your health care decisions on how you want your earthly body to be treated after you pass away. Whatever you choose, it’s important to understand the legalities of your decisions. This blog will focus on planning for the funeral and burial of an un-cremated body in a North Dakota cemetery.

Health Care Directive

Sections of Chapter 23-06 of the North Dakota Century Code explain the state laws surrounding care and custody of the dead. Your remains must be disposed of by the person charged with that duty within eight (8) days after the death, with exceptions. North Dakota Century Code Section 23-06-04. To make this process easier on your health care agent, it is wise to leave your instructions and wishes in writing via a health care directive.

Funeral

A local funeral home can assist with pre-planning your funeral arrangements. Options for funding your arrangements include prepaid plans through the funeral home, final expense or burial insurance, a payable-on-death account, or social security death benefit. Be sure to understand the implications Medicaid or potential creditors may have on money saved for your arrangements.

Disposition of Remains

Many options for disposal are available, whether your body is cremated or not, including in-ground burial with a casket or urn, entombment, spreading of your ashes, or alternatives such as space burials. Let’s say you do not request cremation of your remains and would like your body to be buried near family members at your local cemetery. In order to reserve the space for your body, you must purchase a cemetery plot from the cemetery and have it titled in your name through a cemetery deed. A cemetery plot is a piece of land set aside for the burial of a person’s remains. The deed does not transfer ownership to the land itself but rather provides documentation and proof that you have the right to be perpetually and permanently buried at the plot. This right can be passed on to your heirs in a will or trust. The cemetery will issue the deed upon the sale of the plot. It is important to review the deed and any other contracts provided by the cemetery as different cemeteries have their own rights and rules regarding abandonment or mismanagement of a plot.

Organ Donation

Chapter 23-06.6 of the North Dakota Century Code applies to anatomical gifts of organ donation. A donor may make an anatomical gift by authorizing a symbol to be imprinted on the donor’s driver’s license/ID or in a will. Your health care directive may provide insight as to your stance on organ donation, what organs you would like to donate and who the organs should be donated to, if applicable. You may also list exclusions to the use of your donated organs.

Conclusion

Planning ahead for your passing may not be easy, but it is one of the most meaningful gifts you can leave your loved ones. By working with an experienced estate planning attorney, you can ensure your wishes are clearly outlined, your funds are properly managed, and your family is spared unnecessary stress or confusion. Please don’t hesitate to contact the estate planning team at SW&L Attorneys by calling (701) 297-2890, or emailing us at: [email protected] if you need assistance.

The information contained in this article and on this website is for informational purposes only. Do not rely on the information on this website as legal advice. Please refer to the full disclaimer here.