Episode 25: Multi-Jurisdictional Death with Bill Marsh

In this episode, Professor Tanya Marsh discusses the legal complexities of multi-jurisdictional death with her father, Professor Bill Marsh. They explain that ensuring one's wishes are followed after death involves navigating three types of state laws: the default "right of sepulcher" (which grants control to next of kin), appointing a "designated agent" to supplant that default list, and using "personal preference statutes" to specify desired outcomes, such as the method and location of disposition. A significant complication is that for funeral planning, the controlling law is that of the state where the remains are physically located, not the decedent's state of residence. Because states have different requirements (e.g., some require two witnesses, others a notary) and no universal "super form" exists, they advise creating a single declaration that is signed, witnessed by two unrelated adults, and notarized to maximize enforceability across states. The conversation also covers the domestic and international transport of remains, and how to navigate TSA, airline requirements, and the requirements of the receiving country.