Legal Aspects of Planning Your Own Funeral in Illinois

 Posted on September 17, 2024 in Estate Planning

When people think about estate planning, trusts and wills often come to mind. There is a big focus on setting up arrangements in the present to leave assets behind for loved ones in the future. However, a major topic that is sometimes overlooked is funeral planning. While contemplating one’s own death is not generally a favorite pastime, preplanning a funeral can be an excellent way to ensure you get the final sendoff you want without loved ones needing to scramble to make proper arrangements. If you are ready to think about planning your funeral, a qualified DuPage County, IL estate planning lawyer can offer useful guidance.

Why Should I Plan My Funeral?

When you plan your future funeral, you get the benefit of having arrangements that are:

• Customized: You can tailor your service to suit your preferences. Whether you have opinions about religious aspects, aesthetic factors, musical choices, or anything else, they can all be incorporated into your funeral.
• Cost-effective: If you pay in advance for your funeral, it means that you are not leaving your loved ones with the financial burden and you are also locking in less expensive contemporary costs that will not go through inflation in the future.
• Conflict-free: If you leave clear instructions of what should happen, with details about how it was or is to be paid, you eliminate a major source of tension-induced fighting that some families fall prey to when a loved one dies. Instead of your relatives fighting about what you might have wanted, you take all the guesswork out and make everything easy to understand.

Illinois Law and Funeral Preparations

When prepaying for funeral arrangements, including burial clothing, caskets, grave boxes, grave liners, burial vaults, and urns, consumers are protected by the Illinois Funeral or Burial Funds Act. Some of the clauses in this Act are:

• When someone prepays for funeral services, the funeral home needs to place their funds into a trust account to ensure that the money is kept safe and will only be used for its intended purpose.
• Funeral homes might use insurance policies to fund prepaid contracts. The policy needs to include a section clearly stating that the funds will be used for funeral expenses. The funeral homes also need to have clear written correspondence with customers about the terms of the prepayment including how funds are managed and any potential changes in service costs.
• The contract should include clear details about terms for cancellation and refunds. Illinois consumers can cancel their prepaid funeral contract and receive a refund, but there might be associated fees to pay.

There is also the Illinois Pre-Need Cemetery Sales Act, which addresses the sale of cemetery services, such as the preparation of a plot or the placement of a headstone, and the Cemetery Care Act, which covers cemetery merchandise like grave markers and mausoleums.

Speak with a Lombard, IL Estate Planning Lawyer

If you are ready to preplan your funeral, a knowledgeable Wheaton, IL funeral pre-planning attorney can help. Following the guidelines in Illinois’ various laws about this, the team at A. Traub & Associates can make sure your interests are protected and your wishes are respected. Call 630-426-0196 to schedule a private consultation.