The practice of cremating and scattering the ashes of a loved one who has passed away is becoming increasingly popular in America. In fact, by 2016, the Cremation Association of North America projects that nearly half of all deceased Americans will be cremated.

But what should you be aware of when scattering a loved one’s ashes? Are there any potential legal pitfalls that those planning their own final resting place or hoping to scatter a loved one’s ashes should watch out for?

Here are some legal considerations to keep in mind if you want to scatter ashes:

Need More Help?

Being proactive, such as by including burial plans in a “final arrangements” document (separate from your will), can help ensure that when the time comes, your remains or those of a loved one can be laid to rest without legal difficulties. If you need more guidance, an experienced estate planning attorney can help to ensure that your specific final wishes are honored.

Are you facing a legal issue you’d like to handle on your own? Suggest a topic for our Legal How-To series by sending us a tweet @FindLawConsumer with the hashtag #HowTo.

Related Resources:

  • Cremation Is on the Rise, but Where to Put the Ashes? (Time)
  • Considering Cremation? 5 Legal Issues (FindLaw’s Law and Daily Life)
  • Legal How-To: Donating Your Body to Science (FindLaw’s Law and Daily Life)
  • Ala. Man Can’t Bury Wife in Front Yard, Courts Rule (FindLaw’s Legally Weird)

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