The decedent's directives for funeral arrangements are addressed in the Will. Generally, the Will gives the executor authority to hire the mortuary, purchase the cemetery plot, and organize the funeral service. Sometimes, the Will cannot be located. In cases where the decedent had no Will, the funeral will be long over by the time an executor is appointed. Each state has laws prioritizing the sequence of people who have the right to decide the details of the funeral service and how the body will be disposed of. Such laws are rarely enforced due to time constraints.
Consequently, it is usually the family that takes care of the funeral arrangements. At the time of death, no one is going to call the executor; they are going to call the next of kin. Even if the next of kin is the executor, they still have no official power to act in the capacity of executor until appointed by the court.
So, why, then, do executors need to concern themselves with funeral arrangements? Two reasons:
1)There may be no family, or a blended family with no clear lines of authority, and the executor will be expected to make the funeral arrangements
2)All reasonable funeral expenses are charged against the decedent’s estate so you, as executor, should be aware of them regardless of who actually makes the arrangements.
First Steps When Death Occurs
There are three death scenarios; each will require a slightly different approach. They are:
1. Anticipated Death At Home: Many people choose to die at home rather than at a hospital. If the death is anticipated, you will have time to assemble the Do Not Resuscitate papers and donor forms if they exist. You should know the name and phone number of the attending physician or Hospice nurse. The doctor or nurse will have to sign and file the death certificate within three days of death. If you do not have this information, call 911, and tell them that you need to have a death declared. Be aware that paramedics must make an attempt to revive the decedent, even if you are quite sure they are dead. The only way to avoid this is to have the Do Not Resuscitate papers available. If you have established a relationship with a funeral home, or have pre-paid for a funeral, simply call the funeral home and they will take care of all the details.
2. Accidental or Unexpected Death At Home: Call 911 to confirm the death and for advice on further steps. If you do not wish resuscitation attempt to be made, have the Do Not Resuscitate forms available. If the deceased was under the care of a doctor, call the doctor's office first; they may be willing to confirm the death. The body may be taken to a funeral home or hospital, or the paramedics may call the medical examiner to determine the cause of death. If the deceased had expressed convictions regarding autopsy, make this clear to the police and paramedics. The medical examiners office will release the body when the cause of death has been determined.
3. Death in a Hospital or Nursing Home: A physician will determine the cause of death. Ask to have the Death Certificate signed. If you have made arrangements with a funeral home, call them; otherwise, tell the hospital that you need time to make arrangements. The hospital will release the body to whomever you direct.
Anyone who provides a service at the time of death will charge you for their assistance. Often, the individual involved (the ambulance driver, the doctor, the funeral home) will not know what the specific charges are; they will refer you to "their office". Do not pay for services that you have not authorized or requested. Funeral homes are in business to sell services; they will seize every opportunity to sell you something. For decades, the funeral industry took advantage of the funeral consumer; so much so that in the late 1970's the Federal Trade Commission instituted what is known as the "Funeral Rule". The Funeral Rules states that funeral homes
1)must disclose in writing the prices for all goods and services and quote prices over the phone
2)must disclose in writing certain consumer rights
3)may not force a consumer to purchase more than is wanted
4)may not lie to consumers about state laws or make preservative claims for embalming and caskets
An executor will be most effective in performing his duties when he knows in advance where the will and other documents are kept, and has spent time discussing the wishes of the decedent before death occurs.
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