Delineating funeral and burial wishes is a common part of estate planning. Everyone has unique desires about their final resting places, incorporating personal, spiritual and religious preferences. In addition, the perspectives of surviving family members are also taken into account. That is because spouses and children may wish to remember their loved one in various ways. For example, it may be important for family to have a specific place, such as a memorial or cemetery plot where they can go to honor one’s memory.
Unfortunately, when few plans are in place ahead of time, families may be forced to rush these decisions. Mistakes can be made, which lead to disappointment, regret, and sometimes even more conflict.
Consider the legal struggle one man is facing after disagreement erupted about his practices at a cemetery. As discussed in a recent story, a father was devastated when his 23-year old son died in a tragic rafting accident in 2011. The young man died without a will, and so all funeral and burial plans were left to his family to be made in a hurry. The father purchased 15 different plots at a local cemetery and is currently using only five of them. However, on those five plots he has erected a growing shrine with a small fence,flags, flowers, and large posters of his deceased son on 8-foot high poles.
The shrine caught the eye of the cemetery superintendent who asked the man to alter the memorial due to complaints received. Specifically, the father was told to remove the posters on poles for violating cemetery rules. The father refused, arguing that when the posters were added there were no rules prohibiting them.
This has set off a legal battle. The father filed a lawsuit in a local court. The judge issued a temporary restraining order in the father’s favor, allowing the memorial to remain while noting that the state Cemetery Dispute Resolution Committee was the proper venue for the matter. As it now stands the father is preparing his complaint to be filed with that body in a month.
This unfortunate situation is a reminder of the need to think about many different detail when making long-term plans of this nature. Cemeteries have many different rules that may affect your decision. It is common to have limits on decorating plots, use of flowers, requirements for vases/stands, and more. Cemeteries also may have vastly different rules regarding visiting hours, parking, plot size, and more.
For help crafting an estate plan in New York, contact the experienced legal professionals at our firm today.