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Forboro area MA Estate Planning Attorney-Disposition of Bodily Remains
The author Brigitte von Weiss of VON WEISS LAW OFFICE is an Easton MA estate planning and elder law attorney. 
Website:  vonweisslaw.com 
I am often asked "Should my Will state my wishes regarding my burial and funeral?"
The Massachusetts Uniform Probate Code (MUPC) became effective as of March 31, 2012.
Before the MUPC, the executor had no authority as to the bodily remains of the decedent. 
Under § 3-701 of the MUPC, the named (named in the Will) personal representative has power to carry out the written instructions of the testator pertaining to the disposition of the bodily remains and other arrangements such as funeral and burial, even prior to his or her appointment.  
As a side note, "decedent" is the term referring to the person who died, "personal representative" is the MUPC word for executor and "testator" is the term referring to the person whose Will it is.
 
Should the Will contain those instructions?  
 
While it is permissible to state the written instructions directly in the Will, that is not what I recommend to my clients.  The reason is that if the client changes his mind, he or she will have to redo his or her Will.  I think it makes more ... more

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