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will be relieved of the emotional and                     also be transferred to another funeral
                                                                                                                                 financial burden often associated with                    home, but unlike the irrevocable
                                                                                                                                 making  arrangements  when  a  death                      trust account, it can be revoked, and
                                                                                                                                 occurs. If pre funding your funeral,                      the  funds  returned  to  the  person(s)
                                                                                                                                 some      funeral     homes       guarantee               making the arrangements.
                                                                                                                                 their  funeral  home  charges,  while
                                                                                                                                 others may not. If not a guaranteed
                                                                                                                                 trust account, the interest gained                        Basics of NY Estate
                                                                                                                                 on the trust account can offset the                       Planning
                                                                                                                                 inflationary pressures of the future.                     The death or incapacity of a loved
                                                                                                                                                                                           one is a difficult situation that,
                                                                                                                                 Are there different types of pre-need                     unfortunately, all of us face eventually.
                                                                                                                                 arrangements?                                             The difference in the level of difficulty
                                                                                                                                 As opposed to at-need arrangements,                       faced is entirely in your hands - how
                                                                                                                                 when the death has already occurred,                      well did you plan for this contingency?
                                                                                                                                 there     are    several     reasons      why             With proper estate documentation in
                                                                                                                                 families  choose  to  make  pre-need                      place, you can ensure that your family
                                                                                                                                 arrangements.  Often,  when  a  loved                     and legacy are protected, and that
                                                                                                                                 one is in a terminal state, and a family                  there is as little financial impact on
                                                                                                                                 is referred to a hospice care, pre-need                   your family as possible.
        the artistic element of the embalming                     the body present if I chose cremation?                         arrangements are made. Though the
        process.                                                  Yes, cremation, as in burial or                                reality of the impending loss is very                     The  basic  estate  plan  has  two
                                                                  entombment is a form of final                                  difficult to adjust to, the funeral                       essential aspects - the designation
        Is embalming required by law?                             disposition. Cremation is very much                            director will gently guide the family                     of individuals to act on your behalf in
        Embalming is not required by law.                         a part of the traditional funeral                              in  planning  the  funeral.  A  family  in                the event of your incapacity, and the
        It is, however, generally required to                     process.  There  may or may not be                             this situation will have the option to                    proper and clear disposition of assets
        allow long delays between death                           a wake, a funeral service is either in                         place the funds into a trust account at                   in the event of your death, with an eye
        and the funeral. A funeral home                           a place of worship or at the funeral                           this time. There are two types of trust                   towards the minimization of tax and
        may  require  embalming  for  open                        home. Following the service, the                               accounts, irrevocable and revocable.                      administrative burdens on the  loved
        casket viewing during the funeral                         deceased is taken to the place of                              Both types of trust accounts can be                       ones you leave behind.
        process. It effectively protects funeral                  final disposition, the crematory. Some                         transferred from one funeral home to
        workers, family members and friends                       families will accompany the deceased                           another. Pre-need trust accounts in a                     In consulting with your attorneys
        alike from a wide range of potential                      to the crematory for a final committal,                        majority of cases are irrevocable.                        for your initial estate planning
        hazards, and removes the unpleasant                       much as it is performed in a cemetery,                                                                                   consultation, bring with you a list of
        changes caused to the body by                             while others choose not to. The                                This is as a result of an individual                      your assets (including real estate,
        death.  Embalming  is  required  when                     cremated remains become available                              requiring long term care, and is at                       bank accounts, investment accounts,
        final disposition is in another country.                  to the family on average 3 to 5 days                           the point of applying for Medicaid                        annuities,      retirement        accounts),
        Funeral directors must adhere to the                      following cremation.                                           coverage. An irrevocable trust account                    liabilities, insurance policies and if
        requirements of the receiving country,                                                                                   can only be used for the funeral of                       applicable, prenuptial agreements
        and  will  obtain  such  requirements                     Why should I pre-arrange my funeral                            the beneficiary of the trust account.                     and judgments of divorce. With this
        from the nearest local embassy of                         or burial?                                                     The trust account can be transferred                      information in hand, your attorneys
        that country.                                             When you plan ahead, you will be                               to another funeral home, but can                          will be able to give you informed
                                                                  able to consider the many options                              never be revoked. A certified  death                      advice regarding the best course of
        What options are available besides in                     available. The opportunity will be                             certificate of the beneficiary is the                     action.
        ground burial?                                            there to make an informed decision                             only way the funds can be obtained.
        Besides in ground burial, a family                        about the funeral, the type of service                         A  prudent  individual,  not  needing
        may choose to have an entombment,                         and final disposition of burial,                               Medicaid, can also establish a pre-
        placing  of  the  casket  in  an  above                   entombment         or    cremation.       The                  need  arrangement  and  place  the
        ground enclosure, or cremation.                           choices will be meaningful to you and                          funds into a revocable trust account
                                                                  your family, and you will gain peace of                        for themselves or another family
        Can I still have a funeral service with                   mind knowing your family and friends                           member. A revocable trust account can






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