Q: In my will it states body to be cremated in FL, my now state of residence. What Happens should I die somewhere else?
A:
Actually your will is not a good place to put this since your will is dealt with long after your remains are dealt with. If the person charged with carrying out decisions regarding your remains is familiar with your will, that person may insist in doing exactly what you directed, which can be a costly decision if you no longer live here.
Under Florida law you can do a separate document such as a Declaration as to Disposition of Remains as contemplated by F.S. 497.607(1) to specify your intent for your remains and who should be responsible for carrying out your wishes. This person should be furnished a copy of the document.
A will should be reviewed at least every 5 years to make sure it still reflects accurate description of your final wishes. If you move you should also consider updating your will to comply with local law.
Phillip William Gunthert agrees with this answer
A: I recommend that burial/cremation directions be included in a designation of health care surrogate and/or a living will. I also recommend making such arrangements ahead of time and provide that info to your surrogate and family members.
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