Unfortunately, conflict over a deceased can begin as early as the moment after death. Before a probate is even opened to deal with the division of estate assets, family members could begin arguing over what will happen to your remains. Did you want to be cremated or buried? What happens is a spouse insists on one method of disposition while a child insists on another? You could end up on ice while a court sorts it out. In order to prevent this from happening, there are some legal steps you can take to ensure that your final wishes are followed without the need for a court to intervene.

Many states, including Minnesota, require a decedent’s personal preferences to be followed when it is clear what they were. In order to make it clear, do not rely on conversations you had with a spouse, child, or other loved one. Sit down and put your wishes down in writing. When you are done, provide your estate planning attorney with a copy and put another copy with your other estate planning documents.

Another legal method that has become more popular recently is the concept of a designated agent for body disposition. In Minnesota, statute 149A.80 addresses designated agents. The statute allows you to designate someone ahead of time who will have the legal authority to decide what happens to your physical body when you die.

By taking the time to do these two things now, you can dramatically decrease the possibility of conflict among your loved ones when you die and increase the chance that your wishes will be honored.