| This
is the second part of the two part series. This was printed
in the fall issue, 2004, of Home and Family, the quarterly
newsletter of Homesteaders Life and Turner Funeral Homes.
I have placed some words in bold print to help emphasize
the different parts or important items of a funeral plan.
In our last issue of Home & Family
I wrote about why people come to us to plan funeral services
ahead of time. My experience indicates there are three basic
reasons: 1. Peace of mind and security of knowing the ceremony
events of your death are planned. 2. Your family knows what
you prefer. 3. The expenses can be paid at today’s
cost.
Today I want to provide information about
the actual creation of a funeral plan and/or trust.
There are two elements of a funeral plan.
One is information: biographical plus funeral details. The
second is optional, but important, and that is a financial
agreement. Let’s look at the information first.
Information is of two types. One type
of information needed is biographical information. We often
ask for this information ahead of time, so that it can be
checked by the family when it is needed. This provides better
accuracy. It is not uncommon to have information on file
which the family may have forgotten or did not know. Some
of this information is needed for the death certificate,
social security, the Veterans Administration and others.
The other type of information provides details for the funeral
service and cemetery. This information tells your family
your thoughts and preferences. It is very helpful to your
family and also to us. Information given ahead of time is
extremely crucial when there is no close family to be relied
upon. Some people are satisfied to leave their information
with us, so we have it on hand for when it is needed.
The other part of a funeral plan is a
financial agreement which involves a contract with the funeral
home and a deposit of funds. As a consumer protection, the
funeral home must deposit these funds with an outside financial
institution. Your funds cannot remain co-mingled with the
funds of the funeral home. I was one of several funeral
directors who lobbied this law through the Iowa legislature
and am pleased to see the resulting protection it has brought
to Iowa consumers. It needs to be noted, that a deposit
of funds directly with a financial institution and not accompanied
by a funeral provider agreement does not meet the Iowa code
for medical assistance eligibility. The funds must be first
deposited with the funeral home which will provide the eventual
service, and the funeral home then deposits the funds. These
two criteria, the information and the financial agreement,
are called a funeral trust or funeral prefunded contract.
The holder of the funds may be either a bank or insurance
company. Payments are possible. Some agreements which have
an insurance company as the trust holder, allow for monthly
or quarterly payments. |
|
There are a
couple of important notes which should be made about funeral
trusts. A trust can be revocable or irrevocable. A revocable
trust can be rescinded at any time. Under some circumstances
this trust may not provide the protection you want because
it can be altered by others after the time of death. The
vast majority of funeral trusts are irrevocable. When funds
are placed in an irrevocable trust they remain there until
the time of death. They cannot be removed by anyone during
the lifetime of the person who is covered by the trust,
including the funeral home, family and all others. Medicaid
eligibility regulations require a funeral trust to be irrevocable.
There is one note of importance: transferability.
Trusts are payable to the funeral home which provides the
service. If a family makes a trust through us and then moves
to another part of the country, the funds do not stay here
with us at the time of death, they are payable to the funeral
firm which provides the service in the new location. There
is usually a small charge payable to the original funeral
firm for the accounting expenses of maintaining the trust
account.
Funeral trust contracts may be either
guaranteed or non-guaranteed. With a guaranteed contract
(amount paid, plus the accrued interest earned) the funeral
home guarantees to provide the professional services, the
casket and vault at any future date. The category of expenses
we call cash advances are not guaranteed. Cash advances
items, such as funeral notices, honorariums, and death certificates,
are expenses we pay for the family to others. They are payments
to others, so we are unable to control their cost. A non-guaranteed
trust is when an individual or family wants to simply deposits
funds on interest with us with the final decisions made
at the time of death. Some people prefer to provide the
funds, but want their family to decide the final details,
using the initial amount plus interest earned. Funds are
not transferred out of the policy until death. This also
works well.
There is one more way to provide funding
for a funeral contract: it is called an irrevocable assignment
on an existing insurance policy. This is accomplished by
having us work with your insurance company in creating a
document that will pay all or part of the funeral expenses.
If the value of the policy is less than expenses, all the
proceeds are paid to the funeral home. If the policy has
a value greater than the expected expenses, the amount assigned
to the funeral home is “as its interest may appear.”
This means your family approves the final billing and this
billing is then sent to the insurance company for payment.
When an irrevocable assignment is in effect on a policy,
it takes precedence over beneficiary claims. An assignment
is a very good way to provide funding for a funeral plan.
This is true especially where present funds are limited,
but there are ample funds through a death benefit of an
insurance policy. It is also possible to transfer ownership
of a smaller life insurance policy to the funeral home to
meet the same objective. We do not encourage this, but it
does meet Medical assistance regulations. |