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Considering cremation? Plan for your final Virginia resting place

On Behalf of | Nov 4, 2024 | Estate Planning

One important part of estate planning people often overlook is detailing their wishes for what happens to their bodies after they die. You can state your wish for organs and more to be donated in your advance directive, but what about your final resting place? Do you want to be cremated? Do you want a big celebration or a small remembrance?

No one wants to think about this, but doing so can save your loved ones stress, conflict and expense while they’re grieving. It’s wise to provide enough money that’s immediately accessible to pay for the send-off you have in mind. You don’t want your loved ones to have to crowdfund your funeral.

Cremation is becoming increasingly popular, partly because it’s (relatively) cost-efficient – especially if the ashes (“cremains”) aren’t interred. One reason people choose cremation is because they want their ashes scattered somewhere special to them. However, you can’t just scatter cremains anywhere without risking legal jeopardy. That’s why it’s wise, if this is your choice, to do a little research.

Know what laws and restrictions apply

Virginia has no shortage of beautiful sites for ashes to be scattered, and there are no state laws prohibiting the scattering of remains on public property. There are, however, federal and local laws that may apply. For example, if you choose a national park, a permit will likely be necessary. There will also be areas where cremains can’t be scattered (or buried). 

If you want your ashes to reside in a memorial garden at your alma mater, church or other location, find out what the cost is and what arrangements are required. It’s best to make the arrangements (and payment) ahead of time and then include the documents in your estate plan and tell those who need to know.

Many Virginia residents choose to have their ashes rest in the Atlantic Ocean. This is allowed, but federal law requires that they be spread at least three nautical miles from shore. There are charter boat companies that take families out to spread the ashes of their loved ones. You can choose one and get the details. 

It’s crucial to codify these wishes and include the necessary documents and payment receipts in your estate plan. Make sure your executor and other family members know in case they don’t look through your estate plan immediately upon your death. With sound estate planning guidance, this is just one way you can make things easier for your loved ones after you’re gone.

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