What legal document needs to be used?

My aunt wanted to draw up a document that states what her wishes are before and after death. Like she wants a named person to take care of funeral arrangements or she wants to have a certain kind of service for funeral. She has a living will to protect her wishes before death but what document is needed for after death to respect her wishes? We do not need to use Will or Trust as she has no assets that needs to be disbersed.

CatLaw

In every state having a Will is always better than dying 'intestate'. Why? Because even if there are no "assets" that your aunt knows of, she does have personal items that may have sentimental value to her family which she may want to leave to certain people, there may be some old bank account or state funds that she is not aware of, she may have a life insurance policy that names a person who has passed as beneficiary.

So IMHO she should have a simple Will where, at the minimum she appoints someone as an Executor of her estate -- that gives this person the legal authority to speak for her after death and wind up any thing such as bills and last expenses --- and gives all of her property to the Executor to distribute.

As for funeral arrangements, the majority of major funeral homes have a program for prepaying funerals. That way the person (your aunt) can select everything for her funeral including the type of service that she wants. I arranged for this with my aunt when she found out she was terminal. My aunt paid for this large send off; including prepaying for the coffee & sweets during the wake, donation to the church, and the luncheon after the burial. Not only did this relieve her mind, it was a financial positive for her. The money goes into a trust and earned interest AND it cannot be touched my medicaid. My aunt eventually needed medicaid which strips the elderly of assest. At least she had the send off she wanted.

ronimg

Have her speak to an attorney about a Will. It will make matter much simpler (and a lot less expensive) when the time comes. As far as a funeral, I would recommend investing in a prepaid funeral service with all her wishes addressed.

It would be helpful to tell a few key family members where she keeps her important papers. In many cases I have seen wills opened longer after the funeral because they could not locate it.

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