How to Plan Your Own Funeral in Louisiana
However un-fun it feels, planning your own funeral can mean huge benefits for your estate plan.
There are many ways to create a great estate plan.
In my Louisiana estate planning practice, I often meet people who are feeling overwhelmed by the estate planning process. Whether they have a large family, own their own business, have a ‘complicated’ financial history, or whatever the case may be, many people are unaware of the best way to plan their future.
And because the logistics of estate planning are not that commonly discussed or accurately portrayed in movies and TV, most people simply don’t know what they don’t know.
This is exactly why I offer one-hour strategy sessions for people starting their estate planning journey. In these calls, I am able to take a closer look at your specific situation, ask you questions, and then give you advice based on what I see. For some, this is all they need to complete the best estate plan for them. For others, this is a meeting that opens their eyes to the potential of working with an estate planning lawyer.
In these weekly blog posts, I try to address questions and situations I commonly encounter in my estate planning practice. I hope to provide insights for those making the decision to work with a lawyer or not in finalizing their estate plan. While this post is not legal advice, I do hope it provides general insight into the things you should be thinking about when it comes to planning your future in Louisiana.
I see estate planning lawyers discuss best practices for estate planning all over the country. But, one thing I’ve been seeing more and more concerns estate plans and funeral arrangements.
Before making an estate plan, it is important to think through the aspects of your life that will have the most impact on your surviving family members.
We cannot predict the future, but we should make an estate plan that is based on our own values and what’s important to us. So, before you can start making anything official, with or without an estate planning lawyer, it’s important to take some time to figure out what’s important to you. Read my simple guide on how to get the most out of your estate plan here.
Many of us have heard of wills and trusts, some even understand probate and succession. Even more common, though, is having attended or planned a funeral. It is so un-fun that many people do not think about or make any arrangements before they pass away - leaving significant emotional and financial burdens for their surviving family members.
Remember: we can’t predict the future, but we can try to prepare as much as possible.
Need to ask specific questions about your situation? I’m here for you.
Should I include funeral instructions in my estate plan?
I often see “funerary instructions” as something to include in your will or as part of the documentation that resides in a safety deposit box.
While this could work in some situations. I have a different thought process that I’d like to share with you.
I understand that thinking about, planning for, and discussing your own funeral is far from what you’d like to spend time doing.
However, due to the potential expense involved in most funeral arrangements, I strongly suggest setting some time aside to get your game plan in order. Not only will this put your mind at ease, but it will also alleviate the stress of your loved ones and potentially save you, your family, and your estate, thousands of dollars.
Grab your tea or a large glass of wine and let’s get into the best practices for planning your own funeral in Louisiana.
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Let’s get into it.
Get your notebook, digital or otherwise, and get ready to take some notes.
If you have any questions about these steps, you can reach out to me today at info@addieprewittlaw.com, or book your own strategy session here.
The basics of planning your funeral in Louisiana
It is commonly advised that those creating estate plans should include explicit instructions for funerals, burials, or celebrations of life in the main estate planning folder.
While, I do believe that spending time thinking about what you want for your funeral, burial, and any end-of-life rituals is a highly important factor of a complete estate plan. I believe the funeral arrangement aspect of your future plans should be treated as a separate entity from your physical estate plan (will, powers of attorney, insurance payouts, etc.) Meaning, do not write your instructions down and then lock them away in a safety deposit box or in the back of your office safe.
Because it does makes sense to take care of end-of-life care as part of your estate planning process, I encourage people to consider the following:
First of all, having something written down is better than having no plan at all.
As mentioned, do not go to the lengths of creating an official document outlining your final funeral wishes, only to lock them away in the back of your official estate planning bundle.
If you are deeply concerned about the financial burden of your funeral on your surviving family members, then pre-paying for your service may be the right decision for you. This is especially true if you anticipate accessing Medicaid for long-term care.
If you’re considering creating a funeral trust or payable-on-death trust, then I highly encourage you to schedule a strategy session with me or hire a licensed estate planning attorney in your state.
Finally, most simply, I don't think funeral instructions should be in your will.
Plan Today for Peace of Mind Tomorrow
First, what should be included in my estate plan?
According to Louisiana law, upon your passing, only designated individuals can take care of your funeral arrangements.
If you don’t include any funeral instructions at all, the state of Louisiana will decide who has the power to make arrangements on your behalf. In order to give this power to someone, you must assign them this role in a document called a declaration of disposition. If no such documents exist, then the role would go to the following persons, in this order:
The surviving spouse (as long as there's no official divorce petition)
The surviving adult children of the decedent.
The surviving adult grandchildren of the decedent.
The surviving parents of the decedent.
The surviving adult siblings of the decedent.
The surviving adult persons / next of kin of the decedent.
A district court judge.
As part of the estate planning process, I offer clients the ability to sign a declaration of disposition of remains.
I commonly find that my older clients sign these documents, while younger clients pass on this option. Because it’s impossible to predict the future, when you create this document is entirely up to you and your situation. Just remember that it’s important to keep your estate plan up to date as your life progresses and your situation evolves.
Regardless of your funerary plans, it is important to assign this role prior to your passing. Keep in mind that any funeral proceedings will take place in the hours and days after your passing, which is the most stressful and emotionally taxing time for your loved ones to make decisions.
By having this document in place, you are taking a lot of the guesswork out of these difficult days.
Also, it’s just as important to inform this person of your intended role for them. Have a discussion about what you already have in place and make sure they know the specifics of your plan. If you and your spouse are aging, then it might be a good idea to include an adult child or relative in these plans, to ensure understanding and necessary support for the point person.
Age can be an important factor in any estate plan.
While signing a declaration of disposition is a great step in the direction of proactive estate planning. There are several options that can further alleviate the stress of your surviving family members. These options come in handy for some of my younger clients who are beginning their estate planning journey.
First, you can absolutely create a document that lays out exactly what you want. So, it can explicitly say:
Specific funeral home / cemetery of your choice
Funeral preparations (i.e. embalming)
Burial vs. cremation
Casket/urn specifications (i.e. the premium option vs. the simple option)
Specific rituals surrounding end-of-life ceremonies.
This written letter of intent can be a great tool for younger folks who are planning their estate. It covers the basics until you’re ready to move forward with the actual payment and finalizing of your funeral plans.
However, regardless of age, if you lock these instructions away in your safety deposit box or in a random drawer in your office, chances are that your loved ones will not encounter this document until they access your estate plan - typically after the funeral/burial has taken place.
Having spent the time and, let’s face it, the stress that it takes to think about your own funeral, if you don’t make your wishes known and accessible, it is very likely that any documentation you take the time to create will be forgotten or lost when the time comes.
At the very least, write down your wishes and tell your loved ones about them.
It’s always a good time to plan for your family’s future.
Not only do I think you should make sure your instructions and needs are known to your loved ones, even written down and organized. But, I often detail the benefits of making these arrangements yourself.
So, yes, I believe you should plan your own funeral.
While this won’t work for every single person in every situation. I think that if it’s important for you to make decisions today that will alleviate stress for your loved ones, then making these arrangements can be the ultimate act of love.
Pre-pay for your funeral
One way you can do this is by entering into a pre-paid burial contract with your chosen funeral home.
Important to note: Irrevocable pre-paid burial contracts are excluded from assets used to determine whether you qualify for Medicaid to pay for long-term care.
If you anticipate accessing Medicaid for long-term care, pre-purchasing a burial contract is a good way to meet the Mediciad requirement, which is having assets less than $2000.
If you are, say 38, with a clean bill of health, I wouldn’t say rush to your local funeral home to plan a ceremony that might not happen for another 40 or 50 years. But, if you know that there’s a certain location you’d like to be buried, say a family plot, it does make sense to go ahead and secure your placement there.
If you are in your forever home, at your forever job, and living in your forever city, then I would highly advise making arrangements as soon as possible.
How do I actually plan my own funeral?
Name the point person once you pass away (declaration of disposition)
Choose your funeral home and submit your final wishes
Embalming
Burial
Casket
Cremation
Casket
Urn
Arrange a reception, wake, or end-of-life ritual of your choosing.
Embalming
Cremation
Burial
Alternative end-of-life ritual
Choose the type of service you want
Outline any family or religious traditions
Religious funeral (church, synagogue, mosque, place of worship, etc.)
Graveside service
Memorial service (after burial/cremation)
Celebration of life (focused on honoring the life of a person, can be more celebratory and light.)
Choose the location of your funeral/service
Make arrangements for your final service
Officiant
pallbearers
Eulogies/speeches/readings
Prayers /cultural texts or readings
Music
Guests
Special requests
Choose your final resting place/ final ceremony
Cemetery plot
Stored or scattered ashes
Headstone, grave marker, a memorial site
Final ceremony of your choosing
How much does a funeral cost in Louisiana?
We all know how expensive a funeral can be. I’m sure many of us have heard horror stories of families encountering outrageous prices while in a state of acute grief and mourning.
Not only can there be a financial burden, but the emotional toll can be great when having to make decisions about final arrangements.
On average, the funeral itself is going to cost around $10,000 in Louisiana. Once the lengthy list of ceremonial costs and fees get factored in, it is not uncommon for funeral expenses to reach the $20,000 mark, or even beyond. Note that cremation services are typically less expensive than burial ceremonies, but still involve the same amount of planning and contractual coordination to implement.
Did you know that the FTC (Federal Trade Commission) has a Funeral rule?
A grieving family might be more likely to spend more money in the days following the passing of their loved one than they would have had they planned ahead. I find that people are less likely to make an extravagant investment (especially beyond their means) when planning a funeral for themselves.
While there are tons of respectable funeral homes out there, the funeral rule is a series of regulations that funeral homes must follow when pricing their services. These stipulations only apply to funeral homes themselves, not third-party outlets like casket sellers, independent cemeteries, etc.
Here are some stipulations of the FTC’s funeral rule:
Funeral homes must disclose their pricing information over the phone (or email) without collecting any personal information from you.
You absolutely do not have to purchase packaged services from a funeral home, you have the right to get only the services and products you want.
You have the right to a GPL (general price list) provided by the funeral home - this is a written list that explicitly states all the services and products offered by that funeral home before you make any sort of purchase or commitment.
Once you purchase goods and services from a funeral home, they are required to provide you with an itemized statement with prices and all charges as soon as you book with them.
You are allowed to purchase a casket, urn, or alternate container from a third party and have it sent to your funeral home. The funeral home is not allowed to charge you for this service.
Check your state's regulations, but most do not require the following:
Embalming - in some states, embalming is not required prior to burial.
A casket or urn - the use of an “alternate container” is allowed in most states, regardless of cremation or burial. A funeral home is required to provide a written of these options with prices. If you do not see their lower-priced items on the list, you can request a written list of their lower-priced containers.
In Louisiana, it is not legal for someone to be buried on private property (say a large family farm), but it is possible to legally establish a family cemetery on private property. There are regulations involved here, so you’ll need to begin this process prior to the death of a loved one.
Check out the FTC’s funeral rules here, and make sure to do some state-specific research prior to engaging with any funeral home.
There is more than one right way to create an estate plan.
At the end of the day, you know what’s best for you and your situation.
Although it may be the last thing you want to do, considering your funeral and making arrangements for yourself may be one of the most important acts of love you can do for your surviving family member.
Remember the following when it comes to considering funeral arrangments for yourself:
Having something written down is better than having nothing at all.
If you do write something down, keep the document separate from your other estate planning materials (or duplicate it). Your funeral instructions should be easily accessible and openly discussed with your surviving family members.
Create and sign a declaration of disposition of remains. If you do not officially name this person, then the state of Louisiana can decide who is in charge of your funeral.
Planning and paying for your own funeral, prior to your death, is highly advisable because it tends to alleviate both financial and emotional burdens for your surviving family members.
When planning your own funeral, be sure to familiarize yourself with the FTC’s funeral rules and specific regulations in your state. Being prepared and thorough will likely lead to arrangements that are best for you.
As always, I believe estate planning conversations should be happening openly and often. Though they may seem daunting at first, having these conversations can alleviate an incredible amount of stress for you and your loved ones.
If you live in Louisiana and are ready to begin your estate planning journey, then I am here for you. You can book a strategy session with me whenever you’re ready. Have a specific question? You can email me at info@addieprewittlaw.com or read through my previous blog posts to find the answers you're looking for.
Take Care,
Addie
Are you ready to create an estate plan that’s right for you?
FAQ
Q: Should I put money into a trust to pay for my funeral?
A: There are a few options for setting up a trust to pay for funeral expenses. Some examples are Payable on Death trusts and Totten trusts.
However, I believe that there are more benefits to pre-paying and pre-arranging your funeral rather than setting up a specific trust fund, especially for a family with average income and savings.
Of course, there are exceptions to the rule. If you feel strongly about setting up a trust or have a specific situation that calls for this measure, then I highly recommend hiring a licensed lawyer in your state. If you think you should set up a funeral trust in Louisiana, then schedule a strategy session with me today.
Q: Where can I find out more about Louisiana funeral regulations and specifications?
A: There are a few websites that I recommend you bookmark for more information on funeral-specific information in Louisiana
For more information about the FTC’s funeral rule, click here.
To learn more about the declaration of disposition, click here.
For specifics about funeral planning and funeral arranging in Louisiana, click here.
Q: Which documents will I likely need to create a well-prepared estate plan?
A: It can vary from client to client, but generally, folks looking to make an estate plan can count on needing some, if not all, of the following documents:
Last will and testament
Living trust
Beneficiary designations
Financial power of attorney
Advance healthcare directive/healthcare power of attorney
Insurance policies (health, life, car, home, etc.)
Titles and property deeds (car, home, boat, rental property)
Proof of identity (social security card, prenup agreement, birth/marriage/divorce certificates, etc)
Digital logins and passwords (yes, all of them)
Take a look behind the legal curtain.
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Take a deeper dive into Lousiana estate planning with more posts by Addie Prewitt Law:
It’s important to me to make Louisiana estate planning as simple as possible.
You can create a last will and testament, sign a power of attorney, and even write down your final wishes. But, if you don’t approach your estate plan with a big picture strategy, you might just miss the mark when it comes to creating the best estate plan for you and your family.
The first step of any estate plan is knowing you have to put one in place. So, since you’re here, you’ve already done the first (and probably the most important) step.