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Estate Planning: Their Devotion Lives On, But Too Close To Home

This story, in a way, relates to what I do as an estate planning attorney. It’s my job to see that your wishes–and your directives–are legally, properly established so that when the time comes, they will be respected and carried out. The Alabama Supreme Court recently ruled that a widower living in Stevenson, Alabama may not keep his wife buried in the front yard of their home. This lady’s unusual grave, complete with headstone, had been on the couple’s property since she passed away in 2009. Though family cemeteries are common in rural communities, there are strict laws in Alabama–and in California–governing cemeteries, and there are health department requirements for burial sites generally. This is a tribute to the loving bond between a husband and wife, but there is more to it. In this case, the husband’s wishes–to have his wife close by, buried on their land – were not fulfilled due to the requirements of the law. There’s no question that the law reminds us time and again what we may or may not do. And that is all the more reason to talk to someone well-versed in these matters. I can provide guidance as you work out what you would like to have done, how to ensure your desires comply with the law, and how to protect the people who mean the most to you. If you would like help with estate planning questions, please contact us at 818.956.9200.

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