The film "Little Miss Sunshine" follows the dysfunctional Hoover family as they embark on a cross-country trip in a VW bus, aiming to get their young daughter to a beauty pageant. This darkly comedic story is full of hilarious mishaps and an unexpected tragedy -- the sudden death of the grandfather while on the trip. This event, while tragic, becomes a catalyst for the family to confront their individual and collective issues, ultimately bringing them closer in their shared grief and love.
While the events that ensue are hilariously tragic in concept, it gives pause when one thinks about how these scenarios would actually play out in real life.
What happens when a loved one passes away or becomes incapacitated while traveling with you? Are there laws that you need to know about? What's legal and what isn't? Can you still honor their final wishes? Trust & Will investigates.
Unexpected Death During Travel
In "Little Miss Sunshine," the perky, foul-mouthed grandfather, portrayed by Alan Arkin, emerges as an unforgettable character. His untimely death during the family's road trip shocks the audience and the family alike.
The manner in which the family deals with this unexpected event, however, is both humorous and questionable.
Olive, the young daughter, wakes her parents in the morning saying that her grandfather won't wake up. (The two had been rooming together at a motel somewhere along their journey from New Mexico to California.) The grandfather is rushed to the hospital, after which he is pronounced deceased due to a drug overdose.
A social worker comes to speak with the family to discuss final arrangements for the remains. Here, the father (Greg Kinnear) begins to realize that there will be legal complications and unexpected costs related to the death taking place away from home. He also realizes that this will prevent them from getting to the beauty pageant.
Much to the family's dismay, he instigates a plan to break the grandfather's body out of the hospital into the van so that they may get to California for the pageant on time. (Eventually, they are able to enlist the services of a funeral home while at the pageant, although the legality of this is questionable.)
While this makes for a darkly comedic narrative in the movie, it also raises questions about what one should do when confronted with such a situation in reality. In the real world, there are legal procedures and obligations that must be followed, which, while not as entertaining as the movie's plot, are crucial for a responsible and respectful handling of a loved one's passing.
Next, we'll investigate what you can or cannot do if this were to happen in real life.
Interstate Burial Transit: Can you Transport a Dead Body Across State Lines?
If a loved one were to pass away while they were traveling with you, what would you do?
Whether or not they had a Will in place, you'll want to ensure that their passing is handled with love and care. The location, however, can throw a wrinkle into any original plans.
Here, one of the first questions that you'll likely need the answer to is whether or not you can transport their remains across state (or even country) lines. This process is called 'interstate burial transit'.
What is an Interstate Burial Transit?
An interstate burial transit refers to the transportation of a deceased individual's remains across state lines. Transporting a body over state lines is subject to specific laws and regulations which can vary from state to state. Generally, it requires a burial transit permit, which is issued once a death certificate has been obtained. The body must also be embalmed or otherwise appropriately preserved for transport to inhibit decomposition and mitigate potential health risks. The process can be complex and stressful, particularly when dealing with the grief of loss, hence the importance of engaging the services of a licensed funeral director who is knowledgeable in this area.
Interstate Burial Transit FAQ
If you determine that you must indeed transport your loved one's remains across state lines, here are some frequently asked questions that you'll find helpful.
What is the first thing I should do?
The first thing you should do when a loved one passes away while traveling across state lines is to immediately contact a funeral home in your intended destination. This funeral home will then liaise with a local funeral home to arrange for the suitable preparation of your loved one for transport. In most circumstances, your local funeral home is mandated to embalm the deceased within 48 hours following the death.
After the embalming process, the destination funeral home will complete the remaining funeral preparations. Depending on the distance between the two funeral homes, your loved one's body will likely be transported by either vehicle or airplane to their final resting place.
The next significant step is obtaining a burial transit permit. This document records the deceased’s cause of death, their personal information, your contact information, and the necessary release documentation required to transport your loved one’s remains. It's crucial to note that the laws governing burial and transport differ from state to state. Therefore, it is highly recommended that you research your home state’s specific burial and transport requirements. You can provide state-by-state funeral home laws here.
Can I personally transport my loved one's remains?
Yes, you can. However, it's important to understand that there are specific rules and regulations that must be adhered to when handling such a sensitive task. For instance, if you decide to use your own vehicle for transport, the body must be suitably enclosed within the appropriate shipping container. Furthermore, the rules concerning embalming can vary from state to state, and you may be required to have the body embalmed either before leaving a state or upon arrival in another.
How do I transport the remains?
The method of transporting the remains typically depends on the distance between your location and destination.
Your loved one's remains can likely be transported by car for shorter distances. For longer distances, air travel may be necessary.
We recommend working with your funeral home to make the appropriate arrangements. They may be able to provide transportation services for a mileage fee. Funeral homes that are "known shippers" know how to comply with TSA rules for transporting remains by flight. Major airlines such as American Airlines and Southwest will only transport remains when working with a known shipper.
What is the cost of interstate burial transit?
The cost of interstate burial transit is typically influenced by a few key factors. These include the distance of transit, the chosen mode of transport, and the weight of the shipping container. There are also charges associated with shipping and receiving services at both the departure and arrival funeral homes. As a general ballpark figure, these combined costs can often amount to approximately $5,000. These costs may be paid out of your deceased love one's estate.
Can ashes also be transported legally across state lines?
If your loved one wished to be cremated, you may also be wondering if it may be easier and more cost-effective to have their remains cremated and transport their ashes to the desired location instead. Typically, this is allowed. You can carry a loved one's ashes by both car and airplane, so long as you follow TSA and airline guidelines.
Now that you know this information, you may be wondering if the events that unfolded during Little Miss Sunshine were illegal. Here, it is unclear. What we see take place in the film is the grandfather's remains being taken away by a funeral home from the hotel parking lot in California. Since the family is from New Mexico, one might assume that this funeral home will coordinate the transfer of the remains on behalf of the family.
However, the movie does not make clear where exactly the grandfather passed away. If he passed away in Arizona, then the Hoovers certainly may have violated some laws of interstate burial transit. Regardless, it seems illegal (and questionable) to break a loved one's remains from a hospital.
In this scenario, we would highly recommend cooperating with your officials and following their instructions.
Death During International Travel
In this day and age, many families like to travel abroad together. However, what none of us are planning for is the unexpected death of one of those beloved family members during the trip. Unfortunately, this is possible and does happen from time to time.
In the rare event that a family member dies while abroad, the key action to take is to contact the U.S. embassy in your location. Consular officers will assist you with working with local authorities and coordinating the transport of your loved one's remains back home. Similar to the answers provided in the FAQ above, you would coordinate with a major airline for the legal transport of the remains back to your home state in the U.S.
Additionally, you must make a formal report of the death that took place across international borders. Find out more here.
Estate Planning for Unexpected Scenarios
While no one really wants to spend time thinking about the many different circumstances in which they could pass away, it is critical to have a comprehensive estate plan in place.
In this case, "comprehensive" looks like having estate planning documents in effect that include contingency plans for those unlikely yet possible "what if" scenarios.
The more comprehensive your estate plan, the less likely your loved ones will have to play detective if anything unlikely were to happen. In turn, this will reduce the amount of stress caused by an already traumatic situation.
Final Wishes and Contingency Plans
Incorporating your final wishes and contingency plans into your Will and estate documents can be an invaluable guide for your loved ones during a difficult time. These could include instructions about your preferred funeral arrangements, the handling of your remains, and who should take care of your dependents, amongst other important matters.
If travel is a significant part of your life, it may be wise to include contingency plans in the case of unexpected incidents during your travels. You could specify your preferred course of action should you pass away abroad, such as your preference for repatriation of your remains or burial in the country where you die. You might also state your choice of funeral director or specify the use of a particular repatriation service.
Including a 'Letter of Instruction' alongside your Will can provide additional, detailed guidance on your preferences. While it's not legally binding, it can serve as a helpful guide to help take away the guesswork for your loved ones.
Healthcare Directive and Medical Power of Attorney
Including an Advance Directive, also known as a Healthcare Directive, in your estate planning documents is also critical. This document specifies what medical treatments you would or wouldn't want to receive if you were to become terminally ill or incapacitated and unable to voice your wishes. For example, you may express your preference for or against life-support treatments such as resuscitation, artificial ventilation, or feeding tubes.
Additionally, it's crucial to appoint a Medical Power of Attorney (or Healthcare Proxy) - a trusted individual who can make healthcare decisions on your behalf should you be unable to do so. This person should fully understand your medical preferences and be willing and able to carry out your wishes.
If you are travelling and something happens to you, these documents can provide clear instructions to medical professionals abroad. It's advisable to carry copies of these documents when traveling, especially if you're traveling to a location with different medical practices or legal systems. This can help ensure that, even in a foreign country, your healthcare preferences are respected, and decisions are made by someone you trust.
Remember, these documents are legally binding, so their authority will generally be recognized both domestically and internationally. However, it's always wise to consult with a legal professional to understand the specifics of how these documents may be enforced in different countries.
Insurances
While planning your estate, you may also want to consider purchasing travel and life insurance policies. While travel insurance and life insurance are separate policies, both can help provide coverage in the event of death occurring during travel.
Travel insurance typically covers unexpected events during a trip, such as cancellations, medical emergencies, or even repatriation of remains, if necessary. However, the specifics will depend on the provisions of the individual policy. Therefore, it's essential to carefully review the terms and conditions of your travel insurance policy before your trip.
On the other hand, life insurance is a long-term policy that pays out a lump sum to the named beneficiaries upon the policyholder's death, regardless of the location. This can provide essential financial support for funeral costs, outstanding debts, living expenses, and more. It's important to note that some life insurance policies may have specific exclusions such as death due to risky activities (e.g., extreme sports), so it's crucial to understand your policy's fine print.
Travel insurance can offer immediate support in case of death abroad, including potentially necessary arrangements for repatriation of remains. Life insurance offers longer-term financial security for your loved ones. It's advised to consider both types of insurance for comprehensive coverage while traveling.
Review & Update your Estate Plan Before Travel
With the unfortunate events of Little Miss Sunshine in mind, it is a great idea to get your ducks in a row before any travel. While it may be practical to update your estate plan before every little road trip, it is definitely worth it if you are going out of the country. As you may have learned from this guide, an unexpected death while you're away from home can be quite the nightmare for what is already a terrible circumstance. Your loved ones will be extremely grateful to know that you have provided specific instructions and contingencies during this time of grief. By reviewing your Will periodically through significant life events, you can ensure it remains relevant and continues to provide the best protection for you and your loved ones.
Find out how you can set up your Will, Trust, and Healthcare Documents through Trust & Will quickly and conveniently today.
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