Any lawyers here?
Aug 6, 2008 at 8:09 AM Thread Starter Post #1 of 29

DemonicLemming

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Need a quick bit of legal advice, if there are any around.

Some recent events have caused me to get my will, power of attorney, living will, etc in order. Just about everything is taken care of except for one detail, and I'm not sure who or what agency I'd have to contact to determine if what I want done is legal or not?

Probably seems strange, but in the event that I die and there's enough left of me to bury, I don't want to be buried, nor do I want to be cremated. There are two options that I would leave up to my parents to do - ether to take me into the mountains and set me overlooking a small lake, so I can be recycled into the environment by nature, or to be placed on a small sailboat in the northern Atlantic and set adrift, for the same general reasons.

I know most people will consider it strange, but I don't adhere to any set religions belief system (I'm actually pagan if going by the strict Christian definition), I don't want to be stuck in a box and buried seven feet under ground, and I don't want to be baked into a small pile of ashes either. Now, I'm not sure how specifically legal either of my choices are in the US, but I want to find out so I can make an addendum to my power of attorney before it's notarized.
 
Aug 6, 2008 at 8:32 AM Post #2 of 29
Interesting. You might want to contact a trusts and estates attorney in your state. The handling of human remains is laid out in state laws and I don't know what state you're in. An estate planning attorney in your state should be able to find an answer.

If being laid out by a lake is legal, you might want to consider the implications. If campers, hikers, fishers, etc. came upon human remains by a lake they are highly likely to call the authorities. Aside from ruining their trip, that will mean an investigation, tests, police work, and so on. Even if everything checks out, it will probably run up a five or six figure tab for the state. Also, the state would probably inter what's left in a cemetery for indigents or something like that.

Burial at sea is an option, but I believe most services only offer it for cremated remains. Legally, it gets interesting, too. In US territorial waters, federal admiralty laws apply, not state laws. Go further out and you'll be in international waters. I have not researched this, but it might be completely legal to transport remains into international waters and set them adrift in a boat. That would make for some interesting legal research.

Also, look into an advance directive and possibly a life insurance trust. If you have family you'd like to care for, it's possible to use a term life insurance policy to fund a trust for them.

Anyhow, I do hope you're well and will be for years to come.
 
Aug 6, 2008 at 9:09 AM Post #3 of 29
Quote:

Originally Posted by Uncle Erik /img/forum/go_quote.gif
Interesting. You might want to contact a trusts and estates attorney in your state. The handling of human remains is laid out in state laws and I don't know what state you're in. An estate planning attorney in your state should be able to find an answer.

If being laid out by a lake is legal, you might want to consider the implications. If campers, hikers, fishers, etc. came upon human remains by a lake they are highly likely to call the authorities. Aside from ruining their trip, that will mean an investigation, tests, police work, and so on. Even if everything checks out, it will probably run up a five or six figure tab for the state. Also, the state would probably inter what's left in a cemetery for indigents or something like that.

Burial at sea is an option, but I believe most services only offer it for cremated remains. Legally, it gets interesting, too. In US territorial waters, federal admiralty laws apply, not state laws. Go further out and you'll be in international waters. I have not researched this, but it might be completely legal to transport remains into international waters and set them adrift in a boat. That would make for some interesting legal research.

Also, look into an advance directive and possibly a life insurance trust. If you have family you'd like to care for, it's possible to use a term life insurance policy to fund a trust for them.

Anyhow, I do hope you're well and will be for years to come.



I had considered the bit about campers and hikers, but the wording in the document would be such as to ensure that it was far back away from any trails or the like. Beyond that, things like that don't tend to stick around too long, given sufficient predator numbers in the area.

On the burial at sea idea, if necessary transportation to a remote part of Newfoundland or Greenland's shores would work. I'd imagine there would be some red tape to get around, but I hope it's possible, given enough prior planning.

No family myself, but most of my possessions, with the exception of my books and some family items that have been passed down, would be auctioned and the money put into a fund for my cousins' college tuition.
 
Aug 6, 2008 at 11:15 AM Post #4 of 29
going with the more humanist option are we, good for you. i fail to see how anyone could really stop the boat thing, it wouldn affect anyone else really, perhaps go for the viking style and have it set ablaze.

good luck anyway.
 
Aug 6, 2008 at 3:35 PM Post #5 of 29
Quote:

Originally Posted by DemonicLemming /img/forum/go_quote.gif

Probably seems strange...

I know most people will consider it strange...



It doesn't.

I really doubt most would.

What I consider strange is placing the burden of lugging your dead ass all over creation on your parents.
wink.gif
 
Aug 6, 2008 at 3:53 PM Post #6 of 29
Quote:

Originally Posted by Samgotit /img/forum/go_quote.gif
It doesn't.

I really doubt most would.

What I consider strange is placing the burden of lugging your dead ass all over creation on your parents.
wink.gif



I agree. Let the coyotes have a feast when I die.
 
Aug 6, 2008 at 7:45 PM Post #9 of 29
Quote:

Originally Posted by Keithpgdrb /img/forum/go_quote.gif
dude, your dead, why burden everyone with having to take you anywhere. see if you can get buried in your own yard, in a burlap sack.


There's no chance that a state in a civilized world will allow that grandpa will be burried in the backward. Public health laws will be another obvious obstacle.

Amicalement
 
Aug 6, 2008 at 7:50 PM Post #11 of 29
Quote:

Originally Posted by Keithpgdrb /img/forum/go_quote.gif
dude, your dead, why burden everyone with having to take you anywhere. see if you can get buried in your own yard, in a burlap sack.


Quote:

Originally Posted by Genetic /img/forum/go_quote.gif
There's no chance that a state in a civilized world will allow that grandpa will be burried in the backward. Public health laws will be another obvious obstacle.

Amicalement



Uh, yeah. And what if you decide to sell the house in the future and you unfortunately forget that you buried a body in the backyard? I mean, at my old house I buried my pet goldfish, sure, but that's a whole 'nother story.
 
Aug 6, 2008 at 8:36 PM Post #13 of 29
Mummify yourself.
 
Aug 6, 2008 at 9:51 PM Post #14 of 29
Quote:

Originally Posted by Genetic /img/forum/go_quote.gif
There's no chance that a state in a civilized world will allow that grandpa will be burried in the backward. Public health laws will be another obvious obstacle.

Amicalement



sorry, I was being sarcastic. clearly not very well though. Its a shame that we are forced to spend even more money when we die though isnt it? what kind of system is this? we're supposed to honor our dead, not screw the family out of more money. but I guess business is business. there is a niche, so there is the service. I do like the burning in a boat idea though, thats pretty cool. and it still returns you to the earth.
 
Aug 6, 2008 at 9:56 PM Post #15 of 29
Quote:

Originally Posted by Genetic /img/forum/go_quote.gif
There's no chance that a state in a civilized world will allow that grandpa will be burried in the backward. Public health laws will be another obvious obstacle.

Amicalement



I help buried a great aunt in another relative's back yard a few years ago. It was no big deal.

If I were to be creamated, I'd want to be used to fill speaker stands.
 

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