What is a Green Burial?

 

What is a Green Burial?  

A natural or “green” burial uses biodegradable containers (including caskets, shrouds or a favorite blanket) and avoids embalming fluids and vaults.  The idea is to ensure the burial site remains as natural as possible.  

A green burial is a cremation alternative and alternative to a “traditional” burial.  It is a more earth friendly option.  And, contrary to popular opinion, embalming, sealed caskets and concrete burial vaults are not required by law.  Instead, more traditional memorial parks may require them but a green cemetery or what is sometimes referred to as a memorial nature preserve, does not.  

Many people do not realize that an environmentally friendly burial in the ground is an option.  By using a natural burial, you are helping to preserve open spaces throughout the United States.  A green burial allows nature to take its natural course – reunited our bodies with the earth, for recycling into new life.  You can include native trees, shrubs and flowers to honor your loved one in a way that will promote habitat restoration.  

It is important to conserve our natural landscapes before they disappear as a result of encroaching development.  According to the U.S. Department of Agriculture’s Natural Resources Conservation Report, from 1997 to 2001, more than 2.2 million acres were lost to development.  A green burial can reduce environmental impact and help to preserve plants and wildlife, in their natural setting. 

In Florida, your choice for a green burial is Prairie Creek Conservation Cemetery, a not for profit organization, located in the heart of North Central Florida near Paynes Prairie State Preserve.  For more information, visit conservationburialinc.org. 

It's not the process, it's the people - The problem with probate

Probate has a bad name - something akin to a four letter word.  It's not probate that is generally the problem, however,  it's usually the people - the personal representative, the beneficiaries and yes, even the attorney.

Probate is a statutory process for the administration of a will.  Generally it is a three step process with a few twists and turns.  The first step is the identification, gathering and valuation of the estate assets.  The second step is the identification and notification of potential creditors. The third step is the distribution of assets to the beneficiaries.  Sounds simple, right?  Generally, not as simple as we would like because we are dealing with people - their personalities, their eccentricities, their fears and doubts, just to name a few of the potential issues we deal with on a daily basis. 

What is the law firm to do when the named and appointed personal representative simply will not carry out the responsibilities of their role?  They are our client so we can't file a Petition for Removal - another beneficiary would have to do that.  We can, if nothing else works, eventually file a Petition to Withdraw.  This can be tricky though because a personal representative must be represented by counsel and we can't simply leave them unrepresented.  They need to hire new counsel and if one attorney wants to fire them, why would another law office want that client? 

What if beneficiaries are slow to respond or won't respond at all?  That can slow the whole process down to a mud crawl.  Then everyone gets frustrated - the personal representative, the beneficiaries and the law firm. 

What if a beneficiary calls the law office continuously with a barrage of questions about their rights - now taking up the valuable time of the firm without compensation?  Generally our recommendation to the beneficiary is to seek independent representation so they can get their questions answered but that doesn't always happen. 

So part of the problem with probate it not the process itself, it's the people that create havoc, chaos and slow down the process so that the time necessary to complete the administration seems endless.  Choosing your personal representative is an important decision - think of all of the potential problems ahead of time.  Choosing your legal representative is also important - select a representative that is expert at the process and good at dealing with the people. 

Estate planning: Learning from the mistakes of celebrities and others - The Globe and Mail

This article has some excellent tips on avoiding mistakes in estate planning that can result in costly estate administration.  Do it yourself planning doesn't cost much on the front end but can have disastrous results after someone dies.  It's the classic example of being penny-wise and pound-foolish. 

Better to invest in a good estate planning attorney to ensure that your wishes will be carried out.  Look for an attorney who you feel comfortable talking to and who is willing to teach you the questions you didn't even know you needed to ask.  

Estate planning: Learning from the mistakes of celebrities and others - The Globe and Mail

The Law Offices of Hoyt & Bryan provides estate planning, estate administration and elder advice.  Contact us for more information. 

How to Avoid an Estate Battle After You Die - NYTimes.com

You certainly don't know someone until you share an inheritance with them. This is the lesson of this story and the competing wills.  When families fight, lawyers win - and in this case to the tune of millions of dollars in legal fees.

Estate planning is not a do it yourself project and you should engage the assistance of a qualified legal professional, ideally someone who is board certified in wills, trusts and estates and has significant experience.  

How to Avoid an Estate Battle After You Die - NYTimes.com

The high cost of being unreasonable

I just came across this post on LinkedIn.  It demonstrates that when family members fight, lawyers win.  In this case, the estate was worth about $700,000.  Not a small sum, but not a great one either.  The reported legal fees for one of the parties was $200,000.  If you assume the fees for the other party were similar, then who wins?  The lawyers, of course.  The family loses in every possible way, financially and emotionally.

Estate planning is not a do it yourself project.  Anyone can contest anything, for any reason.  But, is it worth the cost? 

Trust Administration Dispute Ends Up Costly for Complainant | Elder Law Issues — Fleming & Curti, PLC

Is the Average Age of Widowhood Really 55?

This is an insightful look at the real age of widowhood and mortality in our country.  The good news is, women may not become widows (on average) as early as previously believed.

If you or someone you know has questions about what to do when someone dies, don't hesitate to contact us or you can read more in "Straight Talk!  What To Do When Someone Dies." 

Is the Average Age of Widowhood Really 55?

You’re Not Married Until The Paperwork Is Finished | The Harry Thomas Hackney Florida Law Blog

I had the opportunity to speak to the Mid Florida Estate Planning Council the other day about planning for alternative lifestyles.  During the course of our discussion, some interesting questions came up about both married and unmarried couples.

In estate planning and estate administration, there can be issues for both married and unmarried couples. Here's an article that reminds us that we are not married until the paperwork is finished.  Both before and after the ceremony, make sure all the paperwork is properly completed and submitted or you may get a big surprise later!  If the marriage is invalid for any reason, it can mean the loss of approximately 1,100 rights under both Federal and State laws.    

You’re Not Married Until The Paperwork Is Finished | The Harry Thomas Hackney Florida Law Blog

Four Tips for the Executor Of an Estate | Fox Business

These four tips are essentially the four duties an Executor or Personal Representative has to carry out to properly administer an estate.  Estate administration is necessary whether a person dies with a will or with a trust.  They are as follows:
1.  Present the will
2.  Gather, identify and value the assets
3.  Identify and pay the creditors
4.  Distribute the remaining assets to beneficiaries

There is a general misconception that if a person has a trust and avoids probate then they also avoid administration.  Nothing could be further from the trust.  All estate require administration.  The big difference is whether the administration is public (probate) or private (trust administration).  Both have their pros and cons.  One benefit of probate is the ability to significantly shorten the creditor claim period. 

Four Tips for the Executor Of an Estate | Fox Business