Authorization for Final Disposition: What Happens to Your Body After You Pass?

February 29, 2016

When preparing or conducting a thorough review of your estate plan, it may be pertinent to discuss your need for an Authorization for Final Disposition. Such an authorization willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. help ensure that your funeral wishes willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. be followed and that the final disposition of your body willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. proceed according to your plan.

Admittedly, ensuring funeral arrangements and disposal of the body is not a significant issueA person’s children and/or lineal descendants such a grandchildren and great-grandchildren. It refers to a direct blood line in Wisconsin along with legally adopted persons. In Wisconsin the term “issue by right of representation” is commonly used to indicate that a share of beneficiary, if predeceased, shall be distributed to his or her children or lineal descendants. Although slightly different this is often also referred to as Per Stirpes distribution. or concern for most people. However, for some individuals, their personal situations makes it necessary to specify who willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. be in charge of funeral arrangements and final disposition. Typically, such situations arise when the people authorized by Wisconsin statute have conflicts with other loved ones or are no longer close to the deceased.

A Last Will and Testament is Not the Place to Set Forth Your Funeral Desires

As estate planning attorneys, the lawyers at Wokwicz Law Offices regularly come across pre-existing Wills directing and appointing the decedent’s personal representativeA term used in Wisconsin to describe the person appointed by a probate court to be in charge of the probate administration process of a deceased person. This is often referred to in other states as an Executor or Administrator. The Personal Representative may be set forth and nominated in a decedent’s Will before death along with successor Personal Representatives. to decide funeral arrangements. As a best practice, a WillA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. is not the ideal place to set forth your funeral arrangements. First, Wills are seldom located and looked at in the days immediately following death and are often not reviewed until after the funeral arrangements have been completed. Second, a Last Will and TestamentSee Will. may not control who willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. make decisions regarding your funeral, since it is more likely that Wisconsin Chapter 154 willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. control who is in charge.

Authorization for Final Disposition Defined

At it’s simplest, the Authorization for Final Dispositions is a document set forth in the Wisconsin Statutes allowing Wisconsin residents to name who willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. be in control of their funeral arrangements and body disposition. In addition, it allows for setting forth instructions relating to where the funeral should be held, where burial or cremation should take place or remains should be interned. The Authorization document can also set forth religious instructions, arrangements for viewings and other matters relating to final body disposition.

Many of our client’s who desire to be cremated, set forth this desire in an Authorization document to make the funeral process easier on loved ones. Others also set forth funeral desires setting forth that they want an inexpensive funeral or no funeral services at all. Finally, many of our clients set forth any religious observances that they desire or other special instructions.

Wisconsin’s Default Law: Order of Who Will Be in Charge of Your Funeral Arrangements

Wisconsin has a newer law under Chapter 154 to determine, by default, who willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. be in charge of the disposition of your body after you pass away, unless you have specified otherwise in a valid Authorization for Final Disposition document.

Without a valid Authorization for Final Disposition document in place, in Wisconsin the following people, in order, willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. be in charge of your funeral arrangements and the disposition of your body:

1. Your surviving spouse.
2. Your surviving child, or if more than one the majority of your surviving children except that fewer than a majority may control if some children are unavailable and the children use reasonable efforts to contact all other surviving children as long as there is no knowledge that the unavailable surviving children oppose the majority of available children’s intended final disposition. This applies to child or children who are over the age of 18.
3. Your surviving parent(s) or one surviving parent if the other parent is unavailable, with similar requirements with respect to making reasonable efforts to locate an unavailable living parent by the available parent similar to unavailable children requirements set forth at item 2 above.
4. Your surviving siblings, unless there is more than one, in which case it willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. be majority with similar requirements for unavailable siblings set forth for children set forth at item 2 above.
5. Your more distant relatives as set forth in Wisconsin law [Wis. Stats. 990.001(16)].
6. The guardianA person or company appointed by a court, after a court hearing, to make decisions and represent a person who is incompetent. The guardian of the person makes person decisions for the incompetent person such as living arrangements and health care needs. The guardian of the estate makes financial decisions for the incompetent person. A properly drafted and executed Durable Power of Attorney along with a Power of Attorney for Health Care can normally avoid the need for a guardian, if these documents are created and signed prior to the individual becoming incompetent. of your “person” if you have one legally appointed before death.
7. An individual other than anyone specified above who willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. attest in writing to acting in good faith, along with a number of other requirements.

As with any law, there are a number of exceptions to the above list of persons who willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. be in charge of your funeral and final disposition. Without going into all of the exceptions, one such exception is if you have provided for body part donation through a valid unrevoked anatomical gift. In that instance, your wishes willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. still be followed, such as in your Power of Attorney for Health CareA document that authorizes a person, called an agent, to make health care decisions in the event that the person creating the document becomes incapacitated and can no longer make his or her health care decisions. A power of attorney for health care should also set-forth desires on the use or non-use of artificial equipment and feeding tubes in the event that the creator becomes incapacitated..

Do You Need an Authorization for Final Disposition?

If you desire to be cremated, we suggest that you have an Authorization form setting forth this desire and appointing an agent to sign for you at the funeral home, thereby making the cremation authorization process easier.

In cases where there is a second marriage and a dispute may arise between the second spouse and children, or where the client is estranged from a spouse or children or other relatives, or where there is a belief that the persons who would be in charge by default willA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause. not follow a client’s wishes, it is important to complete an Authorization form. Without an Authorization in place, if there is a dispute amongst the authorized persons, the funeral home can refuse to accept remains, embalm the remains while waiting for a dispute to be settled, or apply a number of other remedies that are likely to make the funeral process a more drawn out and more expensive affair.

As part of the estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. process, we will also explore if an Authorization form is needed or helpful based upon your circumstances. In general, if we are completing other estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. documents, such as a WillA written document that sets forth and names the personal representative who will be in charge of overseeing the probate process and names the specific bequest and residual beneficiaries of property who are to receive and inherit assets and property through probate. A Will does not avoid probate, and must be properly drafted and executed to be legal. A Will can also avoid the use of a surety bond in many instances and can help utilize an “informal” Wisconsin probate process if it has the proper clauses and attestation clause., TrustThe arrangement creating the legal ownership of assets by a trustee for the benefit of the Settlor and/or other beneficiaries. and Durable Power of AttorneyA Financial Power of Attorney that does not terminate if the person making the power of attorney becomes incapacitated., we do not charge an additional fee to complete an Authorization for Final Disposition form. Contact us your estate planningPlanning in advance of disability, incapacity, or death to make sure that key life issues have been addressed while the person is still of sound mind and able to understand and sign key documents such as Power of Attorneys, Power of Attorneys for Health Care, Wills, and Trusts to form a strategy and provide for the administration and disposition of his or her assets upon death or upon incapacity. needs on 262-658-2181 or info@wokwicz.com.