Definition of Terms “Alkaline hydrolysis” (coined “wet cremation”) means the reduction of a dead human body to essential elements through a water-based dissolution process using alkaline chemicals, heat, agitation, and pressure to accelerate natural decomposition; the processing of the hydrolyzed remains after removal from the alkaline hydrolysis vessel; placement of the processed remains in a […]
Ownership of a Cemetery Lot Purchasing a cemetery lot is not an absolute title to the land, but it is sometimes designated as an easement, privilege, right (of burial), or license. Despite this, an owner is able to sue cemetery owners or strangers for disturbing the lot without consent while the lot is used as […]
Cremation, Burial, Whole Body Donation: Who Can Decide? The right to control the remains of a dead human body, including the location and conditions of final disposition, vests in the people listed below, in order of priority, unless other directions have been given pursuant to the decedent’s valid Will or Advanced Directive: The agent(s) listed […]
Funeral Service Types With the advent of cremation, green burials, and alkaline hydrolysis (oddly referred to as “wet cremation”), funerals can be as unique as an individual. When a person pre-plans their funeral, they can plan as much or as little as they would like, but, at minimum, they choose a type of service (traditional […]
Questions regarding final disposition of human remains and the legal right to control such disposition sometimes become litigated issues during estate planning, long-term care planning, or probate. Estate planning and elder law attorneys should be aware of how a person purchases burial space, prepays for funeral services, or transfers/sells rights to burial space. Whether you […]
The Achieving a Better Life Experience Act (ABLE Act) was enacted on December 19, 2014. Minnesota enacted ABLE accounts into law in 2015. An ABLE account is established through a savings plan known as the Minnesota ABLE Plan in compliance with Minn. Stat. § 256Q.01. ABLE accounts are tax-exempt accounts (treated like 529 Plans) that […]
This article focuses on burial spaces, burial space items, and irrevocable insurance-funded burial agreements. There are various types of burial agreements, but only one type of burial agreement is discussed below because of the potential to exclude the entire amount for MA purposes if it is properly written. Medical Assistance (MA) is a means-tested program […]
In Minnesota, it is important to know which assets are excluded for Medicaid/Medical Assistance (MA) eligibility purposes when contemplating MA Long-Term Care benefits for individuals who are 65 years of age or older, blind, or disabled. This article focuses on excluded assets for MA eligibility purposes, and will not detail income requirements, asset allowances for […]
This is the final post in a three part series on pre-planning for your death. In the first part, terms related to pre-planning for your death were defined. In the second part, exactly what happens to your remains after you die was covered. Now, steps to pre-planning your funeral will be discussed. This series is […]
This is the second in a three part series on pre-planning for your death. In the first part, terms related to pre-planning for your death were defined. In this part, exactly what happens to your remains after you die will be covered. Finally, steps to pre-planning your funeral will be discussed. This series is written […]
This is the first in a three part series on pre-planning for your death. This series is written by Jill Sauber, a current law student and licensed mortician. People often segue into talking about their own mortality or death by saying, “if something happens to me.” As though stating it in terms of “maybe” […]