'What'll You Do [With Me] When I'm Gone' ― Controlling Body Disposition: The Law and the Macabre

17 Pages Posted: 1 Nov 2016 Last revised: 8 Nov 2016

See all articles by Gerry W. Beyer

Gerry W. Beyer

Texas Tech University School of Law

Date Written: October 14, 2016

Abstract

Perhaps the most difficult thought to ponder is one’s own mortality. Many people avoid confronting the grim reality that they and their loved ones will eventually die. Estate planners must sensitively urge their clients to face the inevitability of death to obtain well-reasoned dispositions of their property. Many clients are also very concerned with the final disposition of their bodies. For example, some individuals want to be buried while others prefer to be cremated.

An estate planner needs to take steps to help insure that a client’s body will be handled after death in accordance with the client’s wishes. The estate planner must also work to reduce the chances of those wishes being frustrated either by lack of information to the individuals making disposition arrangements or by individuals surviving the client who are unhappy with the deceased’s disposition requests.

Unfortunately, many estate planners ignore or deal superficially with their clients’ body disposition concerns. Accordingly, this article details the techniques which Texas estate planners may use to assist their clients to receive the body disposition they desire.

Note: Note that the "macabre" part of the article is available only when the author presents this paper at seminars and similar programs.

Keywords: Anatomical Gift, Organ Donation, Body Disposition, Burial, Cremation, Texas

JEL Classification: K11

Suggested Citation

Beyer, Gerry W., 'What'll You Do [With Me] When I'm Gone' ― Controlling Body Disposition: The Law and the Macabre (October 14, 2016). Available at SSRN: https://ssrn.com/abstract=2862112 or http://dx.doi.org/10.2139/ssrn.2862112

Gerry W. Beyer (Contact Author)

Texas Tech University School of Law ( email )

3311 18th Street
Lubbock, TX 79409-0004
United States
806-834-4270 (Phone)
978-285-7941 (Fax)

HOME PAGE: http://www.ProfessorBeyer.com

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