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Can my husband go against my last wishes when I die?

Dayton, OH |

My husband and I have been married for 40+ yrs. My health is declining an I want to make sure if I die that I am buried where and how I wish. I have no living will or any documentation saying my last wishes because I have heard that even a living will, will not be respected if my husband goes against what I want. Is this true?

What can I do to make sure I get to be buried where and how I want? Thanks in advance.

Attorney Answers 3


  1. Best answer

    The specific document needed here is a Disposition of Bodily Remains [declaration for funeral arrangements]. With this you can make advance wishes known regarding all the details regarding your body and funeral. I include this in my Will Package, along with the Will, Living Will, Durable Power of Attorney, healthcare power of attorney, and one transfer on death affidavit for realty, if needed. All of the above are also prepared individually if that is your desire. I call it my estate plan for modest estates. What are your husband's objections? Perhaps this should be discussed with him?


  2. It is not true. You need to have a will prepared and have someone other than your husband identified as executor so that your wishes will be protected. Your directions will be honored if you have a will so see a lawyer right away to make sure one is written up the way you want.
    Good luck
    Barbara Peyton


  3. No, that's not true. However on a practical level you will need to make sure your doctor or hospital has the living will or health care power of attorney on file so you're not relying on your husband. You can also specify burial wishes - usually I do this in a separate affidavit. Again make someone not your husband aware of it.

    For informational purposes only; not intended to, and does not, constitute legal advice or a legal opinion.

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