Reply To: Digging His Own Grave

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#1119746
Ex-CTLawyer
Participant

@Mashiach Agent

This Family Law/Estate Planning/Trust Attorney will tell you that in the US a decedent’s wishes for burial expressed in a will are meaningless under the law.

The decedent has no control over his her body when dead. The executor/trix makes decisions.

FURTHERMORE, it may take quite some time to get a court order to open a safe deposit box and access a will, or a court order to enforce provisions before going through the probate process. If Chas V’shalom someone is niftar on Shabbos, and a Sunday burial in order the family can’t wait for banks and courts to open on Monday.

My great Grandfather bought plots for all his expected descendants (100+) in the family foundation cemetery back in 1919. I still pay annual dues and am a trustee, but doubt I’ll ever be interred there. However, my eldest son and family make NY their home and might eventually join the family (in another 100+ years).

Outside NYC, synagogues typically own their own cemeteries and plots are often included as part of one’s membership costs. In fact, many synagogues are able to retain dues paying members (who never attend that shul) because members want to be buried with their families. Not uncommon to belong to two or three shuls for this reason.