Mort Admin Exam 3 Flashcards
funeral arrangements made in advance of need. It was started in 20’s or 30’s where it was sold out of barber shops.
PRE-NEED
no provisions for funding or prepayment
PRE-PLANNED
includes provisions for funding or prepayment
PRE-FUNDED
PRE-NEED FUNERAL PROCEDURES REASONS:
Make individual wishes known to family
Make intelligent and informed decisions with less emotion
Relieve survivors of financial burden
Reduce personal assets for Medicaid eligibility
oAlso called spend down
oIncludes pre-funded arrangements
oExempt from personal assets
TYPES OF PRE-NEED CONTRACTS:
REVOCABLE CONTRACT
IRRECOVABLE CONTRACT
GUARANTEED CONTRACT
NON-GUARANTEED CONTRACT
contract which may be terminated by purchaser at any time prior to death of the beneficiary with a refund of monies paid on the contract as prescribed by state law.
REVOCABLE CONTRACT
Contract cannot be terminated or cancelled prior to death of beneficiary.
IRRECOVABLE CONTRACT
funeral home guarantees that services and merchandise will be provided at need for an amount not exceeding originally contract amount plus any accruals (interest); regardless of cost of providing services and merchandise upon death
GUARANTEED CONTRACT
funeral home only agrees that amount pre-paid plus any accruals (interest) will be credited to balance due. Funeral price will be whatever current price is for services and merchandise at time of death
NON-GUARANTEED CONTRACT
PRE-NEED ARRANGEMENT CONFERENCE:
Presentation and discussion of service and merchandise Use of pictures, catalogs and computers can be used for locations other than funeral home State and federal regulations Licensing laws Funeral service licensee Licensed insurance agent FTC funeral rule still applies o Presentation of price list o Permission to embalm o Mandatory disclosures
ALTERATION OF PRE-FUNDED CONTRACTS:
Minor changes in merchandise or services:
o No effect on guaranteed contract price
Major changes
o Voids a guaranteed contract
Unavailability of services or merchandise
Most allow substitution of similar or higher quality services or merchandise
i.e. – Mrs. Jones selects a 16 gauge steel protective casket. She does in 2020. Casket company supplying funeral home has closed. Funeral home con substitute another casket with similar characteristics and quality.
WISHES OF DECEDENT –vs- WISHES OF FUNERAL PLANNER:
Legal effect or pre-funded contract once death has occurred
Most states allow spouse or next-of-kin to change or cancel pre-funded contract and purchase merchandise and service of their choice i.e. – decedent wanted a traditional funeral service. She purchased a complete pre-funded funeral contract. When she died her daughter selected direct cremation. Daughter was given remaining contract funds.
Disagreements among family members:
o Case may go to court and judge will consider wishes of decedent and also the effect(s) on surviving family members
o Rights and duties of spouse or next of kin
Related to right and duty of final disposition
o Most survivors will honor wishes of decedent
o Not legally bound to in all states
EFFECTS OF THIRD-PARTY BENEFICIARY CONTRACT:
Parents of a mentally impaired adult make pre-funded arrangements for a traditional funeral
service
Contract beneficiary is the mentally impaired adult
What will happen to this contract at time of death? Contract will be honored
Although contract was made by the child’s parents they are not the direct contract beneficiary upon the child’s death.
Account established by one individual to be held for the benefit of another
Creates a fiduciary responsibility
As a method of payment of funeral expenses, money paid to a funeral home for future services is placed in an account with the funeral home as trustee for the benefit of another
TRUST ACCOUNT:
TYPES OF TRUST ACCOUNTS:
INDIVIDUAL TRUST ACCOUNT
MASTER TRUST ACCOUNT
INSURANCE
SAVINGS/PASSBOOK ACCOUNT
separate account for each pre-funded funeral arrangements
INDIVIDUAL TRUST ACCOUNT
monies from all pre-funded arrangements placed in one account with individual record for each account. Provides a higher return on investment (interest) and is allowed by law.
MASTER TRUST ACCOUNT
Similar to purchasing automobile or life insurance policy. It can be paid in full or monthly premiums may be allowed until the contract price is paid in full. It is typically funeral specific, with funeral home as beneficiary.
INSURANCE