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Who is in charge of the disposition of my remains?

The person in charge of the disposition of your remains is typically determined by state law and can vary depending on your specific situation. You may want to consult with an attorney or estate planner, such as the Warnock Law Group, to ensure your wishes are followed.

The order of priority for disposition of remains varies by state and country, but generally it goes: 1) legally designated agent, 2) surviving spouse, 3) surviving adult children, 4) surviving parents, 5) surviving siblings, and 6) other next of kin. It's important to have a clear plan in place to avoid any confusion or disputes.

A legally designated agent for disposition of your remains is a person you designate to make decisions about the final disposition of your body after you pass away. This person is legally authorized to make decisions about whether you will be buried, cremated, or otherwise disposed of, and where and how your remains will be handled. It is important to ensure that you choose someone you trust to carry out your wishes. A surviving spouse is typically next to be the person in charge of making decisions about the disposition of their deceased spouse's remains, unless there is a pre-existing legal agreement or other legal arrangements in place. To avoid disputes in the disposition of remains, it is recommended to create a clear plan ahead of time. This can include specifying your wishes in a legal document commonly called an advance directive, discussing your wishes with your loved ones and appointing a trusted individual as your agent for final arrangements. It is also important to keep your plan updated and provide copies to relevant parties such as your healthcare provider and funeral home.

For further help with Estate Planning or creating advance directives please contact us at:



6843 Porto Fino Cir, Fort Myers, FL 33912, USA law@warnocklawgroup.com (239) 437-1197

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