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pre-need
funeral arrangements made in advandce of need
Early Europeans
Beginning of pre-needs, Roman 'collegium' and middle age 'burial clubs/guilds', 'burial bonds/associations'
Civil War
What era did pre-need start in the US?
$100
flyers were posted to send loved ones home for ____ in advance during the Civil War
They provide security for future business
what do pre-needs mean to the growth in funeral service?
Prefunded arrangements
arrangements in advance of need with provisions for funding or prepayment
prelanned arrangements
arrangements made in advance of need that do not include provisions for funding or prepayment "info only"
Reasons to preplan/fund
make wishes known, less emotional and more intelligent decisions, NOK relieved of financial burden, merchandise secured, record statistical info, legally binding, reduction of assets for Medicaid
medicaid spend down
process that allows individuals to qualify for Medicaid by reducing excess income/assets.
How does medicaid spend down work?
convert cash, bank accounts and investments into 'exempt assets'
Irrevocable Prepaid Funeral (trust and insurance)
example of an exempt asset
revocable contract
contract may be terminated by the purchaser any time prior to the death with a refund of the monies paid
irrevocable contract
contract cannot be terminated or cancelled can only be used to fund the funeral
state
where do leftover funds go at the time of a funeral with an exempt asset
guaranteed contract
funeral home guarantees that the services
and merchandise will be provided at the time of need for an amount not exceeding the original amount of the contract plus any interest regardless of the cost of providing the services and merchandise at time of death
non-guaranteed contract
funeral home only agrees that the amount prepaid plus any interest will be credited to the balance due. However, the price of the funeral will be whatever the current price is for the services and merchandise at the time death occur
trusts and life insurance
types of prefunded contracts
service/merchandise have not been provided
why can the FH not take money and put it directly into their account
follow FTC and stored for availability at death
requirements of prefunded FH contracts
insured contract
Prefunded through specialized life insurance policy; if the insured dies while making payments on policy, balance due is paid by insurance company depending on health questions answered and within 1-2 years
-Long term payment options: Paying for funeral + insurance premium (multi-pay; often monthly)
-Total amount paid - Funeral selected= cost of
insurance
-Lump-sum payment (single-pay)
uninsured contract
Prefunded through specialized life insurance
policy; if the insured dies while making payments on policy, balance due is paid by NOK
-Not very common
-May or may not be price-guaranteed
who can sell unfunded preneed contracts?
anyone
who can sell funded preneed contracts?
FD (some states FD only, some allow trust funded without a license, insurance funded needs license), FH employees (trust funded do not always require a license, 1099/independent contactor, as compensation)
insured
is the person for whom the prearrangements are made
owner
person who pays for policy
assignee
person/entity receiving funds that are paid (often FH)
beneficiary
person who will receive unused funds (if there is any and FH refunds excess)
insured: adult children
owner: Paul
assignee: FH
beneficiary: children
Paul, a grandpa with adult children, would
like to get his adult children pre-paid
funeral arrangements. He intends to pay for
their funerals. Dan and Sarah are his
children. They each have two children who
will receive any additional funds
premium
payment made to insurance company (single or multi-pay)
cooling off rule
FTC rule with 3 day right to cancel if the sale is made in a temporary location.
free look
30 day period with insurance funded through FH
multi-pay
total paid will exceed the original amount of funeral selected
-to lock in price but at a monthly price they can afford (early pay off possible, depending on policy)
graded policy
when there is a waiting period before the policy will pay in full ("yes" to one or more health issues)
-die before 1-2 year period: amount of payments and interest
-die after 1-2 year period: usually pay in full
health questions - underwriting
to determine if policy will pay total amount of policy if death occurs before all payments are made
first day coverage
'no' to all health questions, no health problems
contestable policy
when death occurs within first year (or two) insurance company will ask for medical records to confirm initial health questions
trust
bank account set up by FH to deposit monies given to FH to fund prearrangements (need tax ID and permit to open, either regular or separate bank accounts or set up through trust department at a bank)
10%
in some states, FH can take this much of the contract total
third-party contract
legally binding agreement between two parties that created obligations for an outside party
authorizing agent
this supersedes NOK
cannot
guaranteed prices can/cannot change
cannot
irrevocable can/canot be terminated
preneed unavailable at death
must offer equal or greater value or give credit for items not provided
minor changes
changes that do not affect guaranteed contract (location)
form of disposition, downgrading payments, not paying as agreed
alterations that avoid guaranteed contract
assignment
at-need promise of payment by beneficiary for goods and services; funds sent directly to FH, excess sent to beneficiary
pre-assignment
benefits in good faith or by making FH beneficiary (not considered for funded prearrangment)
POD account (payable on death)
totten trust account, savings account created to be paid out at death to beneficiary, not subjectable to probate, can be used at any FH and moved to bank, taxed earnings, countable asset by Medicaid
Wills
instructions for death may be included, families do not always know where or if it exists, may have trouble accessing it depending on location
Consumer trust
many available types, sometimes used as part of comprehensive estate plan, does not take place of a will, controlled by trustee who makes payments to FH
Steps for prepanning
talk about it, write it down, pay for it
power of attorney
allows principle to grant authority to an agent to handle all or some affairs, ceases at death
durable POA
effective even if principle becomes incapacitated
affadavit
in some states an individual can transfer authority to another person to make at need arrangements (IL law 755 65/10)
first day coverage
no health problems
graded policy
has health issues
contestable
has no health issues, but died within 2 year window (medical records will be reviewed to see if they lied)
comptroller
in IL, who licenses preneed providers
comproller and insurance
what license do you need to sell preneed services funded through insurance
lump some
which payment method is cheaper, lump sum or multi-pay