Wednesday, January 10, 2024
Article: The Law of a Last Request: Bury Me with My Favorite Toy, Part 2
William A. Drennan (Southern Illinois University) recently published, The Law of a Last Request: Bury Me with My Favorite Toy, Part 2, ABA Probate & Property Magazine, January/February 2023. Provided below is an Abstract:
Can you legally arrange to be buried with your teddy bear in one hand and your favorite comic book in the other, wearing your Michael Jordan jersey and your gold wedding band? Would it matter if none of your beneficiaries wanted any of these items and would just sell them as quickly as possible? What if the items had a combined value of over $15 million? See Juliene Kim, A Michael Jordan Jersey Is Sold for over $10 Million, Setting a World Record, NPR (Sept. 16, 2023), https://tinyurl.com/2yufkhaj; The 16 Most Expensive Comic Books Ever Sold, CGC Comics (Jul. 14, 2022), https://tinyurl.com/34xv2dwk (reporting a sale of Superman #1 for $5.3 million); Cheyenne Lentz, 12 Teddy Bears That Are Worth a Fortune (Sept. 6, 2018), insider.com (reporting a Steiff teddy bear sale for $143,000). What if their combined value was under $1,000? What if all you wanted was 10 $100 bills stuffed in your pocket just before they seal the casket?
Part 1 (37 Prob. & Prop. (Nov/Dec 2023) at 44) explored client motives for such last requests, described real life (and death) fact patterns, set forth the argument that such directions are void because they encourage grave robbing, and discussed techniques estate planners might use to counter the grave robbing argument, including avoiding public disclosure. This Part 2 explains why this is a difficult practical and legal area, sets forth the argument that these directions are void because they violate public policy by wasting property, and discusses what estate planners might recommend in response. Although this Part 2 often refers to the client’s “will,” as discussed in Part 1, the client and estate planner may choose to include the direction in a nonpublic document incorporated by reference into the client’s will.
https://lawprofessors.typepad.com/trusts_estates_prof/2024/01/the-law-of-a-last-request-bury-me-with-my-favorite-toy-part-2.html