The Cost of Death on the Rise

It can be expensive to die, and I am not talking medical bills at the end of life.  The cost to purchase burial items are expensive.  An article written by Michael De Groote in the Deseret News by Michael De Groote dated January 23, 2014 discusses two points.  One point is that cost of burial paraphernalia is increasing with the cost of living.  A second point is surviving family members often make poor funeral purchase decisions during the death crisis.  It is our opinion here at Hughes Estate Group that pre-funeral planning is more likely to keep costs down.  It also allows family members the freedom to grieve properly without dealing with unnecessary money decisions.

Unique Coffins Seen Around The World

I read a very interesting article in the Wall Street Journal that mentioned the kinds of coffins being made now-a-days for people to be buried in. The article explores the human rituals that attend death and what people sometimes are buried in. To quote one paragraph, "We bury our loved ones in the ground. We burn them in fire. In some cultures, we leave corpses as carrion, inviting the birds to pick the bones dry. In others, we hang the dead in trees or stow them in caves. In naval circles, we consign them to the ocean." The article mentions an airplane coffin made for a grandmother who never had a chance to fly in an airplane. It really is a fun article to read. The full article can be found here.

The Mummy Bequest

It is a personal decision whether or not you want your body donated at your death as organ transplants or even for medical research. In recent years it has become more and more common for individuals to make these kinds of donations. Alan Billis, a former British taxi driver, donated his body for scientific research. What makes his end-of-life bequest unique is that he donated his body to be mummified in the same way the pharaohs were mummified. In fact, the mummification process on Mr. Billis will become a documentary titled Mummifying Alan: Egypt's Last Secret. His family was supportive of Mr. Billis's decision and joke about their claim to a real live mummy in the family.

Read more about it here.

What About Steve Jobs's Estate Planning?

Now that Steve Jobs has died there is speculation in the news regarding what place in technology ingenuity Apple, Inc. will play in the future. A less public issue of speculation is what will happen to Mr. Jobs's estate. Mr. Jobs during his life has been private regarding his philanthropy endeavors. Laurene Powell Jobs, Steve Jobs's widow, has very quietly been involving herself with education issues, women's issues, and other philanthropic causes. Two organizations founded by Ms. Powell Jobs are College Track and Emerson Collective. Both organizations strive to help individuals help themselves. Most likely, Ms. Powell Jobs will continue using Mr. Jobs's estate to further philanthropic causes important to both Ms. Powell Jobs and her deceased husband, Steve Jobs.

From our perspective as estate planners, the critical point is that Mr. Jobs seems to have done his estate planning right. We can say this because so little is being said (can be said) about it in the news. It seems everything has been done privately, confidentially, and competently. No news in estate planning is good news.

Here is an article with the Wall Street Journal touching on this issue.

Steve Jobs's Death

Steve Jobs passed away yesterday, Wednesday, October 5, 2011. We want to add our voice in expressing appreciation for what Mr. Jobs did in the field of computers. Our law business has greatly benefited by his products. Here is an article that mentions ten Apple computer products that helped change the world. The Wall Street Journal has a nice article as well. We wish his family well during this time of loss.

The Basic Stages of Life

There are three basic stages of life when contemplating estate planning.

1. Individual is alive and mentally competent



2. Individual is alive and mentally incapacitated



3. Individual has died

Each of these stages is handled differently.

Individual is alive and mentally competent
When an individual is alive and mentally competent, estate planning documents can be in place, but most likely the documents are sleeping (or not being used) during this stage of life.

Individual is alive and mentally incapacitated
When an individual is alive but mentally incapacitated, there are certain estate documents that if prepared ahead of time allow family members to step in and begin acting on behalf of the incapacitated individual. The kind of documents that might be prepared for this stage of life are:

• health care power of attorney



• medical directive (pull-the-plug)



• health care directive



• financial power of attorney



• do not resuscitate (In Utah, an individual can only obtain a DNR by contacting a physician and filling out the DNR with the physician.)

If these documents are not in place before an individual becomes incapacitated, family members will go to court to obtain conservatorship or guardianship appointment in order to act for an incapacitated person.

Individual has died
When an individual has died, any powers of attorney used during incapacity becomes void and family members must turn to any will or trust that has been established to deal with this stage. If an individual has prepared a trust and/or will, family members can begin the process of accessing assets, paying bills, and distributing assets to the beneficiaries of the deceased person. If the person dies without estate documents in place, most likely the family members will need to go through probate to obtain authority to access and distribute any property of the deceased person.

In contemplating estate planning, it is important to be aware of the three stages of life and prepare for each stage.

Michael Jackson's Estate Distributions

Michael Jackson's estate has made enough money since his death to pay off large amounts of debt due at his death and still distribute about 30M to his children and their mother. Unnamed charities have also begun receiving portions of the estate assets.

Here is a good article regarding this event.

Doritos Creator Taking Doritos to the Grave

Arch West the inventor of Doritos passed away September 20, 2011. He was 97 years old. He got the idea for his chips while on vacation with his family. On October 1, his family will throw Doritos in Mr. West's grave before it is filled with dirt as a tribute to their father.

Here are some articles about Mr. West:
Doritos Creator to Be Buried with Chips
Doritos Creator Dies -- Gets Tastiest Funeral EVER!
Man behind Doritos taking popular chip to his grave, literally
Doritos creator Arch West taking his tasty chips to the grave

Frequently Asked Questions Regarding Funerals

What purpose does a funeral serve?

It is the customary way to recognize death and its finality. Funerals are recognized rituals for the living to show respect for the dead and to help survivors begin the grief process.

What do funeral directors do?

Funeral directors are caregivers and administrators. They make the arrangements for transportation of the body, complete all necessary paperwork, and implement the choices made by the family regarding the funeral and final disposition of the body. Funeral directors are listeners, advisors and supporters. They have experience assisting the bereaved in coping with death. Funeral directors are trained to answer questions about grief, recognized when a person is having difficulty coping, and recommend sources of professional help. Funeral directors also link survivors with support groups at the funeral home or in the community.

Do you have to have a funeral director to bury the dead?

In most states, family members may bury their own dead although regulations vary. However, most people find it very trying to be solely responsible for arranging the details and legal matters surrounding a death.

Why have a public viewing?

Viewing is part of many cultural and ethnic traditions. Many grief specialists believe that viewing aids the grief process by helping the bereaved recognize the reality of death. Viewing is encouraged for children, as long as the process is explained and the activity voluntary.

What is the purpose of embalming?

Embalming sanitizes and preserves the body, retards the decomposition process, and enhances the appearance of a body disfigured by traumatic death or illness. Embalming makes it possible to lengthen the time between death and the final disposition, thus allowing family members time to arrange and participate in the type of service most comforting to them.

Does a dead body have to be embalmed, according to law?

No. Most states, however, require embalming when death was caused by a reportable contagious disease or when remains are to be transported from one state to another by common carrier or if final disposition is not to be made within a prescribed number of hours.

Isn't burial space becoming scarce?

While it is true some metropolitan areas have limited available cemetery space, in most areas of the country, there is enough space set aside for the next 50 years without creating new cemeteries. In addition, land available for new cemeteries is more than adequate, especially with the increase in entombment and multi-level grave burial.

Is cremation a substitute for a funeral?

No, cremation is an alternative to earth burial or entombment for the body's final disposition and often follows a traditional funeral service.

Why are funerals expensive?

When compared to other major life cycle events, like births and weddings, funerals are not expensive. A wedding costs at least three times as much; but because it is a happy event, wedding costs are rarely criticized. A funeral home is a 24-hour, labor-intensive business, with extensive facilities (viewing room, chapels, limousines, hearses, etc.), these expenses must be factored into the cost of a funeral. Moreover, the cost of a funeral includes not only merchandise, like caskets, but the services of a funeral director in making arrangements; filing appropriate forms; dealing with doctors, ministers, florists, newspapers and others; and seeing to all the necessary details. Contrary to popular belief, funeral homes are largely family-owned with a modest profit margin.

What recourse does a consumer have for poor service or overcharging?

Funeral service is regulated by the FTC and state licensing boards. In most cases, the consumer should discuss the problems with the funeral director first. If the dispute cannot be solved by talking with the funeral director, the consumer may wish to contact the Federal Trade Commission. Here is there website address.

Do funeral directors take advantage of the bereaved?

Funeral directors are caring individuals who help people deal with a very stressful time. They serve the same families 80% of the time, and many have spent most of their lives in the same community. If they took advantage of bereaved families, they could not stay in business. The fact that the average funeral home has been in business over 59 years shows that most funeral directors respect the wishes of the bereaved families.

Is it right to make a profit from death?

Funeral directors look upon their profession as a service, but it is also a business. Like any business, funeral homes must make a profit to exist. As long as the profit is reasonable and the service rendered are necessary, complete, and satisfactory to the family, profit is legitimate.

Don't funeral directors mark caskets up tremendously, at least 400%?

No. Talking about the mark up on caskets is really not the point. Most items--clothing, furniture, jewelry--are marked up as much or more than caskets. The real question is whether the funeral director is making an excessive profit. And the answer is "No." Profits run around 12.5% before taxes--not excessive by any standard.

Who pays for funerals for the indigent?

Other than the family, there are veteran, union, and other organizational befits to pay for funerals, including, in certain instances, a lump sum death payment from Social Security. In most states, some form of public aid allowances are available from either the state, country, or city or a combination. Most funeral directors are aware of the various benefits and know how to obtain them for the indigent. However, funeral directors often absorb costs above and beyond what is provided by agencies to insure the deceased a respectable burial.

Book Review: "Last Laughs"

A fun cartoon book to look at regarding aging, retirement and death is "Last Laughs" edited by Mort Gerberg. For example, there is a cartoon depicting a grocery story with an old man pushing a shopping cart. Two old women discussing the old man say, "A great catch. He's a widower, still frisky, and has fully paid-up-long-term-care insurance." Take a look here.

The Phases of Grief

Grief is the physical, emotional, and mental condition brought on by a loss, such as the death of someone you love. Grief is the body's natural ability to heal emotional injury. Grieving can be hard. Lack of understanding makes it harder. Grief is a personal process characterized by three phases:

Phase 1--Shock (Denial)
This begins with the news of the death, but the reality of the death may occur in a few minutes, a few days or even several months later. This phase "protects" the survivor from the emotional impact of the death. Common characteristics of this phase iclude a need to stay busy, confusion, an inability to express emotion, inability to function and an overwhelming sense that somthing is wrong without grasping the reality of the loss.

Phase 2--The Expression of Grief
Anger, bargaining, and/or depression may last for several days to several years. They are mental, physical and emotional manifestations that may come and go or appear in any combination.

• Mental: Preoccupation of the death: how it happened, the person that died. Inabilities to focus, to remember or to be productive are mental expressions of grief. You may have paranoid or inconsistent thoughts. You may even want to make radical changes in all aspects of your life, but it is imprerative that you take time to think clearly and not make impuslive decisions that you may later regret.



• Physical: Fatigue, weakness, insomnia, weight gain or loss, headaches, the tendency to catch stress-related illnesses, a sense of vulnerability, discomfort with too much activity or stimulation are all physical expressions of grief.



• Emotional: Intense sadness, fear, anxiety, anger, depression, loneliness, confusion, helplessness, isolation and guilt are emotional expressions of grief. The inabilities to feel love or give love, compulsive behavior, thinking that you are "crazy" are often felt by those in grief.

Experiencing these symptoms is quite normal and in many ways are a necessary part of the healing process of grief. If you feel, however, that you are not able to handle your grief on your own, you may want to consider professional help.

Phase 3--Acceptance
You will know when you have reached this stage when you are able to recall memories of your deceased loved one fondly and pleasantly instead of painfully. Once acceptance has been reached, planning for the future becomes more realistic. A new and wiser you will have emerged.
The rate of acceptance often depends on your ability to feel and express your grief openly. Take time out from your usual standars of behavior. Surround yourself with people that you feel comfortable with, tell them how you feel and what you need from them. Feel and express your emtions. It is okay to cry, to laugh, or to be silent. Write things down about your feelings, your wishes, regrets and joys. Give yourself breaks from grieving to rest, have fun and be nurtured. Try to eat well. Try to get your sleep. Above all, give yourself time.

Make Sure I'm Dead Before You Bury Me

A South African man experienced a very unique situation this past weekend. The man had an asthma attack. His family thought he had died. They called an undertaker who took him to the morgue. His body was placed in a morgue refridgerator. Hours later, morgue employees became frightened by pounding noises coming from the morgue refridgerator. With the aid of police, the morgue employees opened the refridgerator and there the man was alive. He is now back with his family.

Read the Deseret News article here.
Here is the New York Daily News article.
Yahoo News reported here.

Check out our website here to learn more about doing estate planning.

Definition of the Week: Medical Directive

Medical Directive: A Medical Directive is a document in which you dictate (1) whether mechanical procedures should be applied that will (2) allow your essential bodily organs to function (3) for a greater or lesser period of time (4) in the event you are suffering a non-curable medical condition that will (5) result in your short-term natural death if (6) the mechanical procedures are not applied. Sometimes referred to as a "living will" or pull-the-plug document."

Sounds Warm and Cozy

Hainsworth Coffins offers natural wool coffins and caskets.

"This is an innovative coffin and something completely new for the alternative coffin market, but the use of wool in burials is nothing new. The Burial in Wool Act of 1667 made it a legal requirement for the dead to be buried in woollen shrouds in an attempt to boost the struggling woollen industry of the time. With the current social eco agenda, rising concerns on the environmental impact of burials and this innovative product, the industry has come full circle.”

H/T Boingboing.net

For the 2nd time in as many weeks a body is discovered that was left behind by a San funeral home. This time in San Antonio. A neighbor stumbled onto this one that had been ditched in a shed behind the abandoned parlor. The body was that of an elderly woman, laid out in a casket and dressed for a funeral.

The business manager said that the body had been kept because the family could not pay for cremation or burial. The family claims that the body was supposed to have been cremated in 2006.

Exotic Fates of 10 People Who Shoulda Known Better

In 1912, an Austrian tailor named Franz Reichelt came to believe that he had successfully made a coat that would double as a parachute.

"Instead of testing it by, say, jumping from the roof of a barn onto a haystack, he traveled to Paris and leapt off the Eiffel Tower, falling 197 feet to his death."



In 2006, Ohtaj Humbat Ohli Makhmudov of Azerbaijan attempted to prove the existence of God by climbing into a lion’s den at the Kyiv Zoo in Ukraine. “Because God loves me,”

Veronica, one of the zoo’s trio of lionesses, pounced on him, leaving 10 puncture wounds in his neck. He died instantly.

The rest are at obit-mag.com

Push Back

The national group Funeral Consumers Alliance says a bill now being debated in the Colorado General Assembly is really a move by industry groups to protect their profits, but at a cost to consumers.

A bill in the Colorado General Assembly is getting national attention. HB 1202 seeks to regulate those who provide for the final disposition of dead bodies. If the bill passes through Appropriations, it will head to the House floor.

Critics say the bill has confusing and contradictory language, extreme and unreasonable training requirements for embalmers, funeral directors, and cremationists.

Among the provisions in the bill are regulations that require 4,000 hours of interning on embalming bodies. That means almost two years, which critics say is excessive. Another is you want to register as a funeral director, not doing any embalming or cremation, you still would have to learn them and complete the necessary training.

The Boulder Weekly reported that Rep. Nancy Todd admits that she consulted the Colorado Funeral Directors Association for assistance in the drafting of this bill and received input from the Colorado Department of Regulatory Agencies, but not any consumer advocacy groups during the process of writing the bill.

The industry response is that bill seeks to protect consumers against untrained, inexperienced providers, and to recognize individuals who have demonstrated commitment to standards and education within the profession.

Some Alternatives Don't Work Out

An Alton area funeral director who was charged last month with robbing two banks in southern Indiana is now charged with two bank robberies in Cape Girardeau, Mo., as well. Authorities said the man was so desperate over financial problems that he turned to robbing banks. He marketed his services as an alternative to traditional homes, arranging services at churches and private chapels at less cost, but the business was failing.

Escaping the High Cost of Dying

Miami Herald has another take on the way the recession is hurting funeral homes. Funerals typically cost $7,000 - $8,000 and more and more, customers are cutting back and looking for alternatives. So the funeral directors are cutting budgets, but cutting electricity for refrigeration? Not a good idea.

A funeral home owned by Service Corporation International is being of accused of mishandling hundreds of veteran's bodies while they await burial at Arlington National Cemetery. They were left in unrefrigerated garage, hallways, and on makeshift gurneys. A former embalmer, Steven Napper has given his photographs and notes to authorities. All the gory details + pics are here.

It's not surprising that there has been a big uptick in interest in alternatives to what has become known as the traditional funeral. Increasingly people are cutting costs by choosing cremation, home funerals, green burials, and other alternatives.

Pain but no Gain

Patients who never talked about their end-of-life wishes were more likely to be resuscitated, intubated or put in intensive care — or all of the above. Patients who had had those conversations generally opted for comfort, or palliative, care at home or in a hospice at much lower cost. Aggressive, expensive care was found to inflict more suffering, but not extend life. According to this item in the NY Times called "At the End of Life, Denial Comes at a Price."

Talk to your loved one's about end-of-life issues before illness occurs. See an estate planning attorney and get a health care power of attorney that allows someone you trust to make medical decisions for you when you can't. Complete a Medical Directive that describes the kinds of care you want and don't want. Utah has a standard form for Medical Directives. Every Utahn should have one. You can get it here.