Memoria Knowledge Base Library provides comprehensive support during challenging times like funerals, offering practical planning resources. Our aim is to empower you with knowledge, compassion, and understanding as you navigate the funeral industry.
A burial permit is a legal document issued by the state government that authorizes the Burial or Interment of a deceased person's body.
In most states, a burial permit is legally required to bury a deceased person. The purpose is to regulate and oversee the Disposition of Human Remains to protect public health and ensure that burials are conducted properly.
Funeral Homes, Funeral Directors and Cemetery personnel can assist in navigating the legal processes to obtain the necessary permits to ensure a dignified and lawful burial.
Key points about burial permits include:
Issuing Authority: The issuing authority of burial permits varies by location. It is typically a local or county Registrar's office, a department of health, or a similar governmental agency. Funeral directors often assist in obtaining the necessary permits on behalf of the family.
Information Required: To obtain a burial permit, certain information about the deceased person is typically required. This may include the person's name, date and place of death, cause of death (as determined by a physician), and information about the burial location.
Timing: The timing for obtaining a burial permit can vary but is usually required before burial. In some cases, the permit may be issued immediately after death, while in others, there may be a brief waiting period.
Multiple Copies: Funeral homes or individuals responsible for making burial arrangements may receive multiple copies of the burial permit. These copies are used for various purposes, including providing a copy to the cemetery or burial site authorities.
Cemetery Requirements: Cemeteries often have their own specific requirements and documentation processes, which may include presenting the burial permit. Surviving Families should coordinate with both the funeral home and the chosen cemetery to ensure compliance.
Cremation: For individuals choosing cremation, a similar permit known as a Cremation Permit or cremation authorization is typically required. This permits the cremation of the body, and it often includes specific information about the deceased's identity and the authorization for cremation.
A burial plot is a designated and purchased piece of land within a Cemetery where a deceased person's body is Interred and placed to rest.
Burial plots are used for traditional Burials, and a common type of Final Disposition.
The burial plot is typically marked with a Headstone or Grave Marker that bears the name of the deceased, as well as other information such as their birth and death dates, and an Epitaph.
Burial plots can vary in size and location within a cemetery, and the cost of purchasing one can depend on a number of factors, including the location and availability of the plot, as well as the cemetery's policies and pricing structure.
Burial plots offer Surviving Family members and other loved ones the ability to visit, pay their respects, leave flowers, or engage in other memorial practices.
Here are some key aspects of burial plots:
Location: Burial plots are specific locations within a cemetery, and their exact placement can vary. They may be situated in various sections of the cemetery, such as family plots, religious sections, or consecrated areas.
Size: Burial plots come in different sizes to accommodate different needs. Single plots are designed for one casket, while double or companion plots can accommodate two Caskets side by side. There are also larger family plots designed to hold multiple caskets or Urns.
Ownership: Burial plots are typically purchased from the cemetery or a cemetery authority. The ownership of the plot may be perpetual (in perpetuity), meaning it remains with the family or owner indefinitely, or it may be leased for a specific period.
Markers and Monuments: Burial plots often have headstones, grave markers, or Monuments to identify the deceased person and provide information such as their name, birth and death dates, and sometimes meaningful inscriptions or epitaphs.
Maintenance: Cemetery staff or the plot owner may be responsible for maintaining the plot, including landscaping, mowing, and general upkeep. Some cemeteries have regulations regarding what can be placed on or near the plot and charge an Opening and Closing Fee for the service.
Pre-Purchase: Some individuals choose to pre-purchase burial plots as part of their funeral pre-planning. This allows them to select their final resting place in advance and may include specific instructions regarding the plot's location and other details.
Resale or Transfer: In some cases, burial plots can be resold or transferred to other individuals if the original owner or their family no longer requires them.
A burial vault is a lined and sealed container that houses a Casket and provides structural support for a Gravesite, protecting it from the weight of the earth,
The use of burial vaults is common in many Cemeteries to help ensure the stability of a gravesite and maintain the appearance of overall Burial grounds.
Vaults are often required by cemeteries as a means of standardizing burial practices and maintaining the long-term integrity of the gravesite.
Families typically choose between different vault options based on personal preferences, budget considerations, and cemetery regulations.
There are two main types of burial vaults:
Burial Vault: The more substantial and protective option, a burial vault is typically made of reinforced concrete or metal and provides a higher level of protection against the elements and the weight of the earth. Burial vaults are often sealed to prevent water, insects, and other elements from entering the grave.
Grave Liner: A Grave Liner is a simpler form of vault made from concrete or similar materials. It covers the top and sides of the casket but leaves the bottom open. Grave liners help provide some level of protection and structural integrity while allowing for natural decomposition of the casket and the Remains.
Also known as a Grave Vault.
A business attorney is a legal professional who specializes in handling legal matters related to businesses, corporations, partnerships, and other commercial entities that are part of a deceased person's Estate.
Their role is crucial in managing and ensuring that the business interests and Assets left behind by the deceased are taken care of in accordance with their wishes.
Business attorneys can help with business valuations, Succession planning, asset Distribution, legal compliance and other various types of negotiations.
Overall, business attorneys provide important legal guidance to help ensure that the deceased's business interests are properly managed and resolved after their death and when their estate is being Administered.
Business attorneys can help after the death of a loved one in a variety of ways including:
Business Valuation: Helps determine and Appraise the value of the deceased's business interests, which is essential for Estate Tax purposes and the estate's overall value.
Business Succession Planning: Advises on and facilitates the Succession of the deceased's business, including developing strategies to transfer ownership or management to Surviving Family members, Heirs, other Beneficiaries, business partners, or stakeholders as outlined in their Estate Plan.
Business Asset Distribution: Helps to plan and execute the Distribution of the deceased's business Assets in accordance with their Last Will and Testament, ensuring a smooth transition and compliance with legal requirements.
Legal Compliance and Documentation: Reviews and ensures compliance with all legal requirements associated with the deceased's business, including contracts, licenses, permits, and other legal documents.
Debt and Liability Management: Assists in managing any business-related Debts or Liabilities left by the deceased, helping to navigate the process of Settling outstanding obligations and protecting the estate from potential legal challenges.
Business Liquidation: Guides the process of liquidating the business if it is determined to be Insolvent, ensuring the proper handling of assets and liabilities in compliance with legal and financial obligations.
Negotiation and Mediation: Represents the estate in negotiations or mediations related to the deceased individual's business interests, aiming to achieve favorable outcomes in disputes or transactions involving the business.
Also known as a Corporate Attorney.
Capital gains tax is a tax levied on the increase in the value of an Asset that has been transferred to a Surviving Family member, Heir, or Beneficiary as part of an Inheritance.
The tax is imposed when the beneficiary later sells the inherited asset and realizes a gain in its value compared to its value at the date of the original owner's death, known as a Date of Death Value.
The taxable event is the sale or transfer of the asset, not the act of inheriting it.
Understanding tax basis, rates, exemptions, and reporting requirements is essential for beneficiaries when Administering a deceased person's Estate. In order to manage tax obligations effectively and maximize after-tax proceeds from inherited assets, it's best to consult with an Estate Attorneys and a Certified Public Accountant.
Important points about capital gains tax in estate administration:
Tax Basis: The tax basis of the inherited asset is typically set at the "Date of Death Value." This means that when calculating capital gains tax, the beneficiary considers the difference between the selling price and the Date of Death Value as the taxable gain.
Tax Rate: The tax rate for capital gains can vary based on factors such as the type of asset, the beneficiary's income, and the duration for which the asset was held. In some cases, capital gains may be subject to a lower tax rate if the asset was held for a more extended period.
Exemptions and Exclusions: Some assets may qualify for exemptions or exclusions from capital gains tax. For example, in the United States, there is a provision known as the "step-up in basis" for inherited assets, which can reduce or eliminate the capital gains tax liability if the asset's value has increased over time.
Reporting Requirements: Beneficiaries are generally required to report any capital gains from the sale of inherited assets on their tax returns. They must accurately calculate and report the gains based on the Date of Death Value and the selling price.
Tax Planning: Estate Planning and tax strategies can be used to minimize potential capital gains tax liabilities for beneficiaries. These strategies may include tax-efficient methods of asset transfer, timing of sales, and utilization of exemptions.
A casket, also known as a coffin, is a rectangular or box-shaped container designed to hold a deceased person's body for Burial or Cremation.
Caskets play a significant role in Funeral services and rituals, and choosing one is often influenced by cultural and religious traditions, family preferences or budget. Caskets are available in a wide range of price points, and individuals and families can choose one that best aligns with their circumstance.
Funeral Directors typically offer a variety of options to accommodate different needs and tastes. However, caskets do not need to be purchased from a funeral home.
Pre-Planning individuals and Surviving Families have the option to purchase a casket from other casket retailers.
Funeral Homes are not only obligated by law to accept a casket purchased elsewhere, but they cannot charge additional fees for handling or using the casket.
There are many considerations to take into account when purchasing, including:
Funeral Home Offerings: Funeral homes typically offer a selection of caskets for purchase as part of their funeral services and vary in materials, styles, and prices. Funeral homes often provide a price list of available caskets for transparency.
Casket Retailers: Casket retailers, both physical stores and online, specialize in selling caskets directly to consumers and offer a wide range of caskets in various materials and styles. Purchasing from a retailer may even provide more options and be cheaper compared to buying one through a funeral home.
Price Comparison: It's best to compare prices before making a decision. Funeral homes are required to provide prices over the phone and these should be compared with similar products from online retailers.
Delivery and Timing: If a casket is purchased outside a funeral home, be sure to coordinate delivery with the funeral director to ensure it arrives in time for the funeral or burial service.
Ask Questions: When considering casket options, ask the funeral home or retailer for information about materials, warranties, and any additional services they provide, such as customization or engraving.
Eco-Friendly and Alternative Options: Eco-friendly or alternative burial casket options, such as biodegradable caskets, shrouds, or natural burial containers, may be preferred. These may be available from specialized suppliers or providers offering Green Burial services.
When considering a casket, it's also important to consider its environmental impact:
Caskets, used for both burials and cremations, have varying environmental impacts depending on factors like materials and manufacturing processes. Wooden caskets, typically made from hardwoods, are biodegradable, but their production can contribute to deforestation.
Metal caskets, made from steel or bronze, have a significant environmental footprint due to resource-intensive manufacturing. Other materials like fiberglass and composites may offer eco-friendly alternatives.
Casket manufacturing can be energy-intensive, and some caskets are treated with chemicals. The choice of casket, along with the Disposition method (burial or cremation), can also impact the environment.
To reduce environmental impact, some opt for eco-friendly caskets and consider Natural Burial or Water Cremation practices that minimize resource use and chemical treatments.
Caskets feature many different ornamental and celebratory elements including:
Design and Style: Caskets come in a variety of designs, styles, and finishes. They can range from simple and understated to elaborate and ornate. Choosing a casket style is often based upon cultural, religious, and personal preferences.
Interior: The interior of a casket is lined with fabric, often including a pillow and bedding. The quality and type of fabric can vary, with options such as silk, velvet, or satin.
Handles and Hardware: Caskets are equipped with handles and hardware for ease of carrying and lowering into the grave. These features can be decorative or functional, depending on the casket's design.
Sealing: Some caskets come with a sealing mechanism or gasket that provides a seal around the casket's lid. This seal is intended to help keep out moisture, dirt, and other elements. However, the use of seals is a matter of choice and is not necessary in all cases.
Decoration and Personalization: Many caskets allow for personalization through various means, such as decorative panels, customized engravings, or the addition of symbols or religious emblems.
Cremation Caskets: Even if the deceased will be cremated, a cremation caskets be purchased. These caskets are typically simpler in design and constructed to be combustible.
A celebration of life ceremony is a gathering held to commemorate and celebrate the life of a deceased person in a positive and uplifting manner.
There is no one-size-fits-all approach to a celebration of life event to commemorate a person's life after their passing. Surviving Families and loved ones have the freedom to choose the type of service or gathering that best honors the wishes and personality of the deceased.
Some families may opt for a traditional Funeral, while others may prefer or a more private Memorial Service. The choice depends on individual and cultural preferences and the desire to create a meaningful and memorable tribute to the person who has passed away.
A celebration of life is different from a traditional funeral or memorial, which often follow a structured format that includes religious or cultural rituals, formal attire, and a somber atmosphere.
A celebration of life differs from traditional funerals and memorial services in several ways:
Focus on Celebration: As the name suggests, a Celebration of Life places a strong emphasis on celebrating the life and personality of the deceased rather than Mourning their loss. It is often a more joyful and positive event.
Personalization: Celebrations of Life are highly personalized to reflect the unique interests, passions, and accomplishments of the deceased. This can include incorporating hobbies, achievements, and favorite activities into the ceremony.
Informal Atmosphere: Unlike formal and somber funerals, celebrations of life tend to have a more relaxed and informal atmosphere. Attendees may be encouraged to wear casual or colorful clothing, and the tone is often more lighthearted.
Diverse Locations: Celebrations of life can be held in a wide variety of locations, from parks and gardens to community centers or even a favorite restaurant or gathering place. This flexibility allows for creativity in choosing a venue that reflects the person's life.
Multi-Media Presentations: It is common to include photo slideshows, videos, and audio recordings that highlight the life and experiences of the deceased. These multimedia elements can help tell the person's story.
Interactive Elements: Celebrations of life often incorporate interactive elements, such as storytelling, open mic sessions for attendees to share memories, or the creation of a memory wall or memory book.
Inclusive Atmosphere: Celebrations of Life typically welcome a wide range of attendees, including family, friends, acquaintances, and community members. It is open to anyone who wishes to pay their respects and celebrate the person's life.
A cemetery is a designated area where the remains of deceased people are Buried or Entombed.
It's a piece of land where people are Interred and their remains can be honored by loved ones. Cemeteries vary in many ways, reflecting specific religious beliefs, social attitudes, or affiliation with a specific community.
Most often they contain rows of Gravesites, each marked with a Headstone or other Marker that identifies the name, birth and death dates, an Epitaph, and other information about the deceased person.
Some cemeteries may also have Mausoleums, Crypts, or Columbaria, structures designed for above-ground burial or the storage of Cremated remains.
Cemeteries play a significant role in society by providing a place for mourning, remembrance, and the preservation of cultural and historical legacies. They serve as spaces for families and communities to visit, pay their respects to loved ones, and reflect on the lives of those who have passed away.
Other important characteristics of cemeteries include:
Landscaping: Cemeteries are typically landscaped and maintained to create a peaceful and dignified environment. This may involve lawns, pathways, trees, flowers, and other elements to enhance its aesthetics.
Cultural and Religious Significance: Cemeteries may have cultural, religious, or historical significance. Different cultures and religions have their own burial customs and traditions, which can influence their design and layout.
Public and Private Cemeteries: Cemeteries can be either public or private. Public cemeteries are owned and operated by local or state government and are open to the general public. Private cemeteries are owned by religious institutions, organizations, or individuals and may have specific eligibility criteria for burial.
Maintenance and Care: Cemeteries require ongoing maintenance and care, including grass cutting, landscaping, and infrastructure upkeep. Some cemeteries have caretakers or groundskeepers responsible for these tasks and charge an Endowment Care fee to do this in perpetuity.
Cremation Gardens: Many cemeteries now include designated areas for the burial or scattering of cremated remains. These areas may have specific features like columbaria (structures for housing urns) or cremation gardens.
Mausoleums and Crypts: Some cemeteries have mausoleums or crypts, which are above-ground structures designed for the entombment of caskets or urns. These are often associated with families or individuals who choose above-ground interment.
A certified copy of a death certificate is an official and legally recognized document that provides detailed information about a person's death.
It's considered "certified" because it's issued by a government agency, such as a state or county vital records office, contains a government seal or stamp, as well as other designs that cannot be faked, forged, or copied.
These elements are used as proof of a person's death, and a certified copy is required for a variety of high profile post-death tasks like Administering the deceased's Estate, claiming Life Insurance benefits, or applying for other Survivor Benefits.
A certified copy is in contrast to a Unofficial Copy, which is one that can be produced using an everyday photocopier or home printer. Because these copies do not have anti-counterfeiting design features, they are used to manage smaller administrative tasks such as cancelling bills or memberships.
Funeral Homes will typically obtain a certified copy of a death certificate on behalf of a Surviving Family as part of their service fee, but the documents can also be purchased directly from the state where the deceased lived at the time of their death.
Family members, or the deceased's Executor or Administrator will need submit a request to the relevant government agency through their website, via phone, or hard copy in the mail.
Certified copies of a death certificate are used for a variety of reasons, including:
Official Record: The death certificate is an official record of a person's death. It includes important details such as the date, time, and place of death, as well as the cause of death, if known.
Legal Document: A certified copy of the death certificate is a legal document that can be used for various official purposes, including settling the deceased person's estate, closing bank accounts, claiming benefits, and facilitating Probate.
Identification: It contains identifying information about the deceased, such as their full name, date of birth, gender, and Social Security Number. This information is used to verify the individual's identity and confirm their death.
Cause of Death: The death certificate may include the cause of death as determined by a state Medical Examiner or physician. This information can be important for legal and health-related matters.
Family and Next of Kin: The names of the deceased person's immediate Surviving Family members and Next of Kin, such as parents and spouse, are typically recorded on the death certificate.
Registration: Death certificates are usually registered with a government agency responsible for vital records, such as a state's department of health, or Vital Records Office.
Multiple Copies: When a death occurs, multiple certified copies of the death certificate should be requested. These copies are needed for various purposes, including settling financial and legal matters related to the deceased person's Estate.
Access and Privacy: Access to death certificates is generally regulated by state and local laws. While some information is available to the public, certain details may be restricted to protect privacy or for legal reasons.
A Certified Public Accountant (CPA), also known as an accountant, is a licensed professional who provides financial and accounting services to individuals, businesses, and other organizations. They are trained in various areas of accounting, tax preparation, and financial analysis,
After a death, a CPA may be needed to help with a variety of financial and tax-related matters for the deceased, their Estate, and their Surviving Family, Heirs, and Beneficiaries.
For example, they can help manage and distribute Assets according to a deceased person's Last Will and Testament, prepare an Estate Plan, help file necessary tax returns, and handle any outstanding tax issues.
Additionally, a CPA may be able to provide guidance and advice to Beneficiaries on financial matters related to the death, such as managing Inheritance, investing assets, or planning for future financial needs.
In some cases, a CPA may even be able to help with Probate or other legal matters related to the deceased person's estate. Though this role may overlap with the responsibilities of an Estate Attorney, effective Estate Administration may require a team approach, with the CPA focusing on the financial and tax-related matters.
During Probate, Executors and Administrators, along with their legal counsel, often rely on CPAs to ensure that financial matters are handled correctly and in compliance with tax laws.
After the death of a loved on, a CPA can help in many different ways:
Estate Tax Planning: CPAs can help determine the potential Estate Tax liability for the deceased person's estate and develop strategies to minimize these taxes, such as using deductions and credits, gifting, or establishing trusts.
Tax Return Preparation: CPAs can prepare and file the necessary tax returns on behalf of the deceased person's estate, including the final individual income tax return (Form 1040), Estate Income Tax Returns (Form 1041), and any required Estate Tax Returns (Form 706).
Asset Valuation: CPAs can assist in Appraising the Assets of the estate, including real estate, investments, businesses, and personal property. Accurate asset valuation is essential for tax purposes and for determining the value of assets to be distributed to Beneficiaries.
Income Distribution: CPAs can help calculate and distribute income generated by the estate to beneficiaries, ensuring that tax considerations are taken into account.
Debt and Expense Management: CPAs can help manage the payment of the deceased person's Debts and other estate expenses, ensuring that these obligations are settled correctly and efficiently.
Accounting and Record-Keeping: CPAs can establish and maintain accurate financial records for the estate, which is crucial for legal compliance and transparency in the Probate process.
Beneficiary Tax Planning: CPAs can provide tax guidance to beneficiaries who receive assets from the estate, helping them understand the tax implications of their Inheritances and develop strategies to minimize their own tax liability.
Audit and Review Services: In some cases, especially for larger estates, CPAs can perform audits or reviews to ensure the accuracy and compliance of the estate's financial statements and tax returns.
Estate Planning Assistance: While not a replacement for an estate attorney, CPAs can work closely with attorneys to ensure that the financial aspects of the estate plan are aligned with the legal aspects, helping to achieve the deceased person's estate planning goals.
A hospice chaplain is a healthcare professional who provides emotional, spiritual and logistical support to patients and their families in a Hospice setting.
Their aim is to bring comfort, solace, and guidance during end-of-life, while respecting a patient's beliefs and values.
Hospice chaplains support all religions and also offer secular support to enhance the overall quality of life for hospice patients and their families. They help all those nearing end-of-life find peace and meaning.
Hospice chaplains are different from hospice Social Workers, though some of their skillset and work does overlap.
They are both essential members of an interdisciplinary hospice team, offering distinct types of support to patients and their families. They share a goal of providing comprehensive care and addressing the emotional and spiritual aspects of end-of-life.
Hospice chaplains primarily focus on spiritual and religious aspects, offering comfort based on faith and belief systems, while hospice social workers focus on the broader psychosocial aspects of care, providing emotional support, Grief Counseling, and logistical assistance.
Hospice social workers work help to also assess the practical, financial, and social needs of the patient and Surviving Family, by facilitating communication, assisting with end-of-life decisions, and connecting them to Deathcare, Therapeutic and other practical resources.
Typical hospice chaplain services include:
Spiritual Counseling: Chaplains provide spiritual counseling and guidance to patients and their families, addressing questions, fears, and anxieties related to end-of-life. This includes assisting with life reviews, existential concerns, and understanding the meaning of life and death.
Religious and Cultural Sensitivity: Chaplains respect and accommodates the religious, spiritual, and cultural beliefs and practices of the patient and family. Hospice chaplains are trained to work with individuals from diverse faith traditions and cultural backgrounds.
Prayer and Rituals: Offers prayer, religious rituals, and ceremonies if desired by the patient or family. This may involve conducting religious rites, readings, or facilitating connections with clergy from the patient's faith community.
Active Listening and Support: Listens attentively to patients and their families, providing a compassionate and empathetic presence. They offer emotional support, a non-judgmental space for expression, and an understanding ear during difficult times.
Facilitating Family Discussions: Assists in facilitating family discussions about end-of-life decisions, advance care planning, and ensuring that the patient's wishes are respected regarding medical interventions and treatments.
Bereavement Support: Provides bereavement support and counseling to family members after the patient's passing. This support helps family members cope with grief, loss, and the mourning process.
Collaboration with the Care Team: Collaborates with the interdisciplinary hospice care team, which may include nurses, physicians, social workers, and other healthcare professionals. Together, they ensure holistic and comprehensive care for the patient.
Education and Resources: Offers education and resources related to spiritual care, end-of-life issues, and grief for both patients and their families. This helps them better understand and navigate the emotional and spiritual aspects of the dying process.
Child Protective Services (CPS) is a state or local government agency responsible for protecting the safety and well-being of children who are suspected to be at risk of abuse, neglect, or other forms of maltreatment.
After a death, it's possible that surviving Dependents may need additional support, especially if the deceased was a caretaker of a minor child.
To ensure the safety of a minor, CPS can investigate if the death will cause the minor to be at risk of harm, help place the child with a relative or foster family, provide legal support to help navigate custody rights, and provide counseling, support groups, and other forms of support services to help minors adjust to their new living situation.
If the surviving person in need is a minor child, you may want to coordinate support with friends and family for the short term, or contact CPS to ensure that they are kept safe.
A clinical autopsy is a medical examination of a deceased person's body to determine the cause of death and to gather information about any underlying medical conditions that may have contributed.
If a death was expected, a clinical autopsy may be requested to investigate possible inherited diseases, or better understand treatments used to fight a disease.
This is in contrast to a Forensic Autopsy, which may be required by state law if the death was unexpected or possibly related to criminal activity.
Also known as a Medical Autopsy.