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A
funeral agent is an individual named
by the deceased in his or her will
as the person in charge of making
funeral arrangements. The rights of
the funeral agent supersede the
right of all others, including the
spouse and other relatives such as
children and parents.
Executors
of estates, friends, clergy members,
social workers, a specific relative
and others can be named funeral
agents. Funeral directors, however, should
never be named funeral agents.
After
the death and before the will is
probated, the executor will inform
the funeral agent that they are in
charge of the funeral and let them
know how much money is available to
spend on arrangements.
Who
Needs a Funeral Agent?
If
you think your relatives will not
honor your funeral wishes or
prearrangements, or if you are on
bad terms with relatives, do not
know where they are or do not have
any relatives living, you should
appoint someone you trust as your
funeral agent.
The
funeral agent option is the legal
way for you appoint a specific
person to arrange your funeral.
Appointing
a funeral agent is good way to
ensure that you get the funeral
you want.
How
to Appoint a Funeral Agent
In
order to appoint someone as your
funeral agent, you will need to
visit an attorney. Inform
the attorney you want to name a
funeral agent in your will
according to N.J.S.A.
45:27-22. The attorney will need
to either draw up a new will or
amend your existing will to
include language similar to
this:
Appointment
of Funeral and Disposition
Representative
"I hereby
nominate, constitute and appoint
[insert name] to serve as my
Funeral and Disposition
Representative, pursuant to P.L.
2003, c. 261. My Representative
shall have the authority and
power to control the
arrangements for my funeral and
the disposition of my remains.
My Executor shall notify my
Representative of this
appointment, and shall advise my
Representative of the financial
means available to carry out the
Funeral and Disposition
arrangements. In the event
[insert name] should predecease
me or for some other reason not
qualify to serve as my Funeral
and Disposition Representative,
then I nominate, constitute and
appoint [insert name of
alternate] as my Funeral and
Disposition Representative.”
*
Note:
New Jersey
’s Civil Union Law took effect
on February 19, 2007. The
law mandates that civil union
couples must receive the same
benefits and protections and be
subject to the same
responsibilities as spouses in a
marriage, whether they derive
from statute, administrative or
court rule, public policy,
common law, or any other source
of law. Therefore,
the
New Jersey
Civil Union Law extends the
right to control disposition to
civil union partners in exactly
the same way as it extends this
right to spouses.
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