Trusts & Estates Forum
Ted Williams: Is He Headed for the Dugout or the Deep Freeze?
Property Rights in a Dead Body Resurrected
by
Alexander A. Bove, Jr., Esq. and Melissa Langa, Esq.
[Originally published in Massachusetts Lawyers Weekly
August 19, 2002]
The uproar and monumental press coverage over the disposition of Ted William's
body have caused the resurrection of some basic legal questions that even estate
"experts" have not clearly addressed, the two most significant being: (1) Does a person
have the legal right to direct the disposition of his body?, and (2) In the case of a
discrepancy between such dispositive provisions in the person's Last Will and a
subsequent change of mind, which will control?
Newspapers across the country from the Boston Globe to the Los Angeles Times
(no comment on the New York papers and those damn Yankees) have reported and
speculated on whether Ted will remain frozen in Arizona at the Alcor cryonics
warehouse or will be returned to Florida to be cremated, and his "cremains" scattered off
the Florida Keys. It is now common knowledge that Ted's Will directed the cremation of
his body. It is also common knowledge that John Henry, one of Ted's children (and thus
a "next of kin"), and Ted's daughter, Claudia, believe that their father wanted his body to
be frozen, purportedly so that he might be reunited in the future with them. At the same
time, Bobby Jo (another of Ted's "next of kin" but one left out in the cold) believes the
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Will clearly reflects Ted's last wishes and should be honored. According to Alcor
information, either the whole body could remain frozen, or they have a special, reduced
price for just the head (what they euphemistically refer to as "neuro-suspension",
something we authors frequently experience). Does this provide a way that both sides
could be satisfied? Is this a case for King Solomon to decide?
( Read more... )
Ted Williams: Is He Headed for the Dugout or the Deep Freeze?
Property Rights in a Dead Body Resurrected
by
Alexander A. Bove, Jr., Esq. and Melissa Langa, Esq.
[Originally published in Massachusetts Lawyers Weekly
August 19, 2002]
The uproar and monumental press coverage over the disposition of Ted William's
body have caused the resurrection of some basic legal questions that even estate
"experts" have not clearly addressed, the two most significant being: (1) Does a person
have the legal right to direct the disposition of his body?, and (2) In the case of a
discrepancy between such dispositive provisions in the person's Last Will and a
subsequent change of mind, which will control?
Newspapers across the country from the Boston Globe to the Los Angeles Times
(no comment on the New York papers and those damn Yankees) have reported and
speculated on whether Ted will remain frozen in Arizona at the Alcor cryonics
warehouse or will be returned to Florida to be cremated, and his "cremains" scattered off
the Florida Keys. It is now common knowledge that Ted's Will directed the cremation of
his body. It is also common knowledge that John Henry, one of Ted's children (and thus
a "next of kin"), and Ted's daughter, Claudia, believe that their father wanted his body to
be frozen, purportedly so that he might be reunited in the future with them. At the same
time, Bobby Jo (another of Ted's "next of kin" but one left out in the cold) believes the
Page 2
2
Will clearly reflects Ted's last wishes and should be honored. According to Alcor
information, either the whole body could remain frozen, or they have a special, reduced
price for just the head (what they euphemistically refer to as "neuro-suspension",
something we authors frequently experience). Does this provide a way that both sides
could be satisfied? Is this a case for King Solomon to decide?
( Read more... )