E-Newsletter

Click here to sign up for our newsletter.

The Perils of Funeral Prepayment Plans

Tips on shopping for funeral goods and services.

Shopping around for the most suitable and affordable funeral goods and services is a wise consumer idea. However, be extremely cautious about paying in advance -- or prepaying -- for them.

There are a number of legal controls on how the funeral industry can handle and invest funds earmarked for future services, but there are also many reported abuses, including mismanaged and stolen funds. A great many other abuses go unreported by family members too embarrassed or too grief-stricken to complain.

Consumers face additional pitfalls. When mortuaries go out of business, the consumer who has prepaid may be left without funds and without recourse. Also, many individuals who move to a new locale during their lifetimes are dismayed to find that their prepayment funds are nonrefundable -- or that there is a substantial financial penalty for withdrawing or transferring them. In addition, money paid now may not cover inflated costs of the future, meaning that survivors will be left to cover the substantially inflated costs.

If you are interested in setting aside a fund of money to pay for your final arrangements, a more prudent approach may be to contact a bank or savings institution to set up a Totten trust -- an account earmarked to pay for your final arrangements. Unlike money applied to traditional funeral prepayment plans, the trust funds are easily transferred or withdrawn if need be and you have complete control over the money during your life.

To read and printout a copy of the Form please link below.

Checklist: Whom to Notify and Things to Do

You can download a free copy of Adobe Acrobat Reader here.

Copyright 2006 Nolo

Copyright © 1994-2006 FindLaw, a Thomson business

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

View Previous Months' Selections

Contact the Walker Law Firm for an initial consultation.

The Walker Law Firm represents clients in Orange County and throughout Southern California (CA), including the cities of Newport Beach, Irvine, Mission Viejo, Huntington Beach, Tustin, Santa Ana, Costa Mesa, Anaheim, and the Tech Coast. In Riverside County, the firm represents clients in cities that include La Quinta, Palm Desert, Palm Springs, Riverside, Indian Wells, Rancho Mirage, Corona, Moreno Valley, Lake Elsinore, and Temecula.

Any written advice provided by us is not intended to be used for the purpose of avoiding penalties that may be imposed on you as a taxpayer and cannot be used by a taxpayer for such purpose. In addition, if any advice provided by us is used or referred to in promoting, marketing, or recommending any tax transaction or matter, such advice should not be construed as written to support the promotion or marketing of such transaction or matter and the recipient should seek advice from an independent tax advisor regarding the taxpayer's particular circumstances.

The Walker Law Firm
A Professional Corporation
Toll Free: (800) 592-5537
Contact Us
 
Newport Beach Office
1301 Dove Street, Suite 450
Newport Beach, CA 92660
Phone: (949) 752-2522
Fax:     (949) 752-0439
 
Riverside Office
3638 University Ave. #203
Riverside, CA 92501
Phone: (951) 782-8721
Fax:     (951) 782-8739
 
Indian Wells Office
74980 Highway 111
Indian Wells, CA 92210
Phone: (760) 862-9070
Fax:     (760) 862-9074