top of page

Beyond The Grave: Legal Insights Into Your Final Wishes (Part 3)

  • washamjr
  • Oct 24
  • 7 min read
Notebook with the word plan written in it

Introduction

In our prior Beyond The Grave installments, we discussed the law behind bodily remains disposition and the different disposition methods permitted in Oklahoma. Now it is time to take these legal insights and apply them to your own preplanning. From writing your final wishes down on paper to knowing what questions to ask at funeral homes, this installment should better prepare you for navigating one of life’s most challenging times.

 

What is Preplanning?

Preplanning may sound redundant as the term planning already implies doing something beforehand. However, in the context of final wishes and funeral planning, preplanning refers to making end-of-life arrangements in advance to relieve family members of the burden later. Important to note is the distinction between “preneed” and “preplanning” in the funeral services context. Preplanning is simply writing down your wishes for what type of burial you want, what kind of ceremony you prefer, and maybe setting aside funds to pay for your funeral service and goods. Preplanning may include entering into a contract with a funeral home but does not require it. Preneed, on the other hand, is a term of art. It does require entering into a contract with a funeral home and often requires either paying the cost all at once or entering into a payment plan.

 

Preplanning Under Oklahoma Law

The best way to preplan is to express your wishes in writing now. One of the main goals of estate planning is to provide a clear roadmap for your loved ones. Luckily, Oklahoma permits a couple of legally enforceable methods to provide such a roadmap.

Know that you are empowered by Oklahoma law to make your decisions now and that you are entitled to transparent pricing.

The first method is a preneed funeral contract. This type of contract may also be called a “pre-planning form,” pre-arrangement contract,” “burial contract,” or some other similar name. A preneed funeral contract allows you to choose your funeral arrangements in advance – for example, your casket, memorial goods, flowers, and other funeral services or goods. The preneed funeral contract should state the price for any funeral service or good you choose; however, keep in mind the price for the funeral services or goods you choose now may not be guaranteed at the time of your death. Be sure to read the contract thoroughly or have an attorney review it with you.

 

The second method is expressing your wishes in a written document that meets the requirements of Oklahoma law. 21 O.S. § 1151(A) provides that any person “has the right to direct the manner in which his or her body shall be disposed of after death….” Further, 21 O.S. § 1151(B) provides that a person “may assign the right to direct the manner in which his or her body shall be disposed of after death by executing a sworn affidavit stating the assignment of the right and the name of the person or persons to whom the right has been assigned.” Oklahoma law requires the sworn affidavit to express your wishes regarding disposition of your bodily remains, name the person to whom you assign the right to carry out your wishes, and it must be signed in front of a notary.

 

When preplanning, it is important to keep your documents in a safe place where your loved ones can find them after your death. Preplanning is great, but it does no good if those you trust to carry out your plan cannot find it when the time comes.

 

Funeral Home Regulation

Once you know how to preplan, the next step is deciding where to preplan. Deciding where to start with preplanning can be difficult as there are many funeral homes and crematories in Oklahoma. It is important to find a funeral director you trust, who is licensed, and who listens to you and your needs. Oklahoma funeral homes and crematories are regulated by the Oklahoma Funeral Board and are required to be licensed per the Funeral Services Licensing Act.[1] Additionally, all funeral directors are required to display their license or certificate in their place of business.[2] 

 

Not only does Oklahoma regulate funeral homes and directors, but so does federal law. Preplanning for your funeral services and goods can be an uncomfortable process, making meeting with a funeral director stressful. Additionally, after losing a loved one, grieving family members may be vulnerable to making hasty uninformed decisions regarding funeral services and goods. To combat this potential for abuse, the Federal Trade Commission enacted the Federal Funeral Rule. The Federal Funeral Rule requires funeral directors to provide consumers with accurate, itemized price information and various other disclosures about funeral goods and services.[3] The Federal Funeral Rule also prohibits funeral directors from requiring you to purchase certain funeral goods or services from the funeral home as a condition of the funeral home providing you with funeral services, prohibits them from misrepresenting legal, crematory, and cemetery requirements, and prohibits them from refusing to or charging a fee for handling a casket bought elsewhere.[4] It is important to research what Oklahoma actually requires regarding disposition of bodily remains so you can make informed decisions when purchasing funeral services and goods. The Oklahoma Funeral Board website provides excellent information on what Oklahoma law requires.[5] 

 

Costs and Funding

The next thing to consider when preplanning is the costs associated with funeral services and funeral goods. In Oklahoma City and Tulsa, the average cost for a funeral is around $7,000.[6] The following is a non-exhaustive list of ways to fund your preplanning:

 

First, you can obtain a preneed insurance policy. This policy is tied to the funeral home with which you preplan, and the funeral home is the payout beneficiary.

 

Second, you can create a trust directing trust assets to be used to pay for your funeral expenses. This trust can be a standalone trust or can be a part of your overall estate plan.

 

Third, you can obtain final expense insurance. Final expense insurance is purchased from a life insurance company, and you name a beneficiary to receive the payout at your death. The proceeds can be used for anything, including funeral costs or unpaid medical expenses. The benefit of final expense insurance over preneed insurance is that it is not tied to a specific funeral home, thus providing flexibility.

 

Lastly, if the costs of preplanning, or planning for a loved one after their death, is too much for you to manage, look into available resources. Under certain circumstances, Social Security will pay a one-time death benefit of $255 to an eligible surviving spouse or child.[7] Additionally, eligible veterans may receive burial benefits from the United States Department of Veteran Affairs.[8] Contact local charities and religious organizations to see if they assist with funeral expenses. Also contact your county social services department, as some counties in Oklahoma assist with funeral services if you cannot afford it.

 

Why Preplan?

If you do not have a validly enforceable document stating your wishes for disposition of your bodily remains, the risk of family dispute after your death is greater. Take Dalton, our hypothetical decedent who failed to preplan from Beyond The Grave: Part 1, for example. Suppose Dalton was survived only by his children. Under Oklahoma law, Dalton’s children would have the right to control the disposition of his bodily remains. But what happens if Dalton’s children cannot agree? If there is no majority vote among the children, any of the children may petition the court asking the court to decide who has the right to control disposition of Dalton’s bodily remains.[9] Not only could this court proceeding last months and cost thousands of dollars, but it could also cause a rift in Dalton’s family after his death.

 

The best way to prevent family disputes after your death is to express your wishes in a legally enforceable document now and talk to your family about your wishes expressed therein.

 

Practical Tips

When preplanning or when handling a loved one’s bodily remains after death, here are a few practical considerations to keep in mind:

 

  • Inquire into multiple funeral homes in your area to ensure you find the right fit;

  • Request the funeral home’s current general price list, itemizing the cost of funeral services and goods for sale;

  • Ask about other services the funeral home may provide, such as cemetery services, transportation, flowers, obituary notices, and obtaining certified death certificates;

  • Ask about the timeline for the type of service you want (e.g., traditional burial, cremation);

  • Ask about preneed funeral contracts or preneed funeral insurance with the funeral home; and

  • If entering into a preneed funeral contract, ensure to read the fine print and ask questions. Look for things such as the ability to change funeral services and goods, the ability to transfer the contract to another funeral home, ask what happens if the funeral services and goods you purchased are no longer available at the time of the funeral, ask what happens if the funeral home goes out of business, and ask to what extent the price can be guaranteed.

 

Conclusion

Preplanning can be a daunting and uncomfortable task. But know that you are empowered by Oklahoma law to make your decisions now and that you are entitled to transparent pricing. Do your due diligence when looking for a funeral home to handle your bodily remains by checking that the funeral home is properly licensed, that the staff listens to your needs, and that you feel you can trust the funeral home to take care of you and your wishes after death.


In our last installment of Beyond The Grave: Legal Insights Into Your Final Wishes, we will explore the future of bodily remains disposition and religious, cultural, and environmental considerations.


[1] 59 O.S. §§ 395.1 – 396.33

[2] Id.

[3] 16 U.S.C. §§ 453.1 – 453.9

[4] Id.

[9] 21 O.S. § 1158a

 
 
 

Comments

bottom of page