More than half a century after his death, a court ruled on where legendary Native American Jim Thorpe’s remains will stay. Although this case is unusual, families fighting over burial places is not.
In 1953 two small Pennsylvania towns decided to merge and name their new town “Jim Thorpe” in honor of the athlete. Even though it is unlikely Thorpe ever visited the area, the new town built a memorial to him and convinced his wife to have Thorpe’s remains interred there. As reported by the Wall Street Journal, in an article titled “Court: Remains of Jim Thorpe Can Remain in Jim Thorpe,” a court has decided that his remains should remain in that town.
This case was unusual.
Thorpe’s descendants were relying on a federal law that allows Native American tribes to reclaim artifacts from museums, including human remains. However, the case highlights that families do not always agree where a loved one’s remains should be buried. When that happens they often resort to the legal system to settle the dispute. Ultimately, it is a judge who then decides where someone should be buried.
There is a way to stop this from happening to you through an estate plan. You can make funeral plans a part of your overall estate plan and dictate how you would like your body to be treated after you pass away. It is a good idea to do so, especially if you anticipate a family fight.
This article focused on burial location. But since I originally wrote it, the options related to the HOW a dead body can be handled have grown. Now, besides traditional burial and cremation, individuals can choose from options such as:
- Resomation or bio-cremation. It is a process that liquefies a body using a combination of heated water and potassium hydroxide. When completed, only the bones remain which can then be pulverized and returned to the family.
- Natural or green burials. This option returns to “old–school”, skipping the embalming and allowing the body to literally “return to the earth” in a natural way, without the use of expensive caskets that refuse to biodegrade.
- Eternal reef. If you would like to benefit the world under the ocean, this might be for you. Your cremains can be mixed into a concrete block which is then added to a reef in need of restoration and provide habitat for sea creatures.
- Mummification. Yes, it’s not just for ancient Egypt … if that is of interest one can find providers but be prepared to pay a lot. A quick online search revealed, at minimum, $67,000.
Other possibilities include plastination (which preserves the body through a process that uses plastics), space burial, or even freeze-drying. So now families can argue not just about location, they can fight about the multiple ways your body will be handled. Even more reason to have detailed instructions in your estate plan to present a future family feud.
I would be happy to assist you in the development or updating of your will and trust to make sure there are no questions about the how or the where for your body. Why not take the first step by checking out my services page https://davidlefton.com/services/ to learn more?
For more information about estate planning, probate, or trust administration in Cincinnati and throughout the rest of Southwest Ohio, and to review free resources regarding estate planning, probate, or trust administration, visit my website https://davidlefton.com/ If you have questions regarding this article or a particular legal matter, feel free to contact me at 513-399-PLAN (7526). David H. Lefton is an Estate Planning and Probate Attorney. He is a partner in the law firm of Barron, Peck, Bennie & Schlemmer.
Source: Written by David H. Lefton; Reference: Wall Street Journal (October 23, 2014) “Court: Remains of Jim Thorpe Can Remain in Jim Thorpe