Lake Station, IN asked in Estate Planning and Elder Law for Indiana

Q: Final wishes if executor has already died.

My husband and I have no children. We are each other’s executors. So clearly, one of us won’t have an executor. This isn’t a problem to us as we have agreed to leave anything left over in our estate to charity. But in the state of Indiana, there is a requirement of Authorization needed before cremation. We have paid for cremation and have the cemetery also paid for. Who can we have sign this cremation form for the second one of us that passes? There really is no family, or any friends that we feel comfortable asking. We just want to make sure that our final wishes are adhered to. We already have wills and POA etc. We just need to make sure we both are cremated and end up in the cemetery together. How do we accomplish this please?

Edited to add: if we had friends or family to help us with this, we wouldn’t be asking the question.

What type of lawyer would be able to perform this type of service?

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1 Lawyer Answer
Steven J. Fromm
Steven J. Fromm
  • Estate Planning Lawyer
  • Philadelphia, PA

A: This is always a difficult question. It is not really a question of law. It really is having people in your lives that you trust. Sometimes clients in your situation look to friends, more distant relatives or trusted professionals, like a CPA or attorney who you can trust. Really, your wills, DPOAs and living will should have alternates beyond the two of you, especially if you were to die in a simultaneous event.

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