Archive for the ‘legal estate planning’ Category

PreNeed (Pre-Paid) Funeral and Burial Plans in Indianapolis, Indiana

Saturday, October 3rd, 2009

Advantages and Disadvantages of Prepaid Plans One way to plan in advance for the end of one’s life is to sign a formal contract called a “preneed funeral plan.” With this plan, money to pay for a funeral and/or burial is held in a trust, in an escrow account or paid through an insurance policy on the life of the person desiring the plan. Parts of or all of the funeral service and burial are designed in advance and pre-funded in advance and the family has little to do but show up.

This type of planning has become very popular in recent years. A survey conducted by the AARP in 1999, found that two out of five people over age 50 had been approached to pre-purchase funerals and burial goods and services. An AARP survey in 1998 indicates that 32% of all Americans over age 50, roughly 21 million people, have prepaid some or all of their funeral and or burial expenses (but not necessarily through a formal preneed plan). Breaking that down; about 25% of the over age 50 population have prepaid for their burials (cemetery plot, mausoleum or niche), 18% have prepaid for headstones, urns, caskets , grave liners or vaults, opening and closing of graves and so on and 13% have prepaid for goods or services from a funeral home or funeral director. The same survey indicates that over $25 billion is being held in preneed trust funds. Roughly another $25 billion is waiting to be paid out in life insurance benefits. Prepaid or preneed funerals and burials are big business.

Funerals and burials funded privately by the family, or paid from an individual life insurance policy and arranged informally through a funeral home or funeral director are generally not subject to state regulation. Any formal arrangement through a second party or involving a contract is subject to regulation in all states. Each state has adopted different rules as to who can sell these plans, what the plans can provide, what contract provisions must be, how the plan is to be funded and what recourse purchasers might have in the event of fraud or default. All states call these regulated plans “preneed” funeral and burial arrangements.

Here are some advantages as to why one would want to buy a preneed plan for funeral and burial services and goods.

  • It provides peace of mind knowing these arrangements have been made in advance.
  • It avoids the burden on family members to make decisions when they are most vulnerable to manipulation.
  • It allows one to virtually control from the grave by determining in advance the funeral products, funeral services, burial products and burial services that one would prefer having for final arrangements.
  • It helps the family to avoid taking loans, arranging finance plans, raiding savings or selling assets to pay for a funeral and burial.
  • It guarantees (for many contracts) that if products and services currently purchased are not available in the future, equivalent substitutes will be provided at no additional cost.
  • It locks in guaranteed prices (available with some contracts) forever.
  • It allows for inflation in future costs (for those contracts that do not guarantee prices) by investing money in an interest-bearing account or buying life insurance that increases in value over time.
  • Depending on the contract, it may allow for transfer to another funeral home or for partial or full refund.

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Teaching Seniors to Prepare

Friday, September 19th, 2008

Today I was the moderator of a panel discussion called “Getting Your House in Order”. Some of the key issues were How to be Prepared Legally with a living will, healthcare representative and power of attorney. It’s was also mentioned that there is a NEW HIPAA form that also needs to be included so your family can get information about your health condition if you are unable make decisions yourself. Hospitals are becoming very strict on this issue so I suggest you complete one and designate who you would want to have that information. It is also suggested to get a Psychiatric Healthcare Representative in the event that you were mentally impaired by Alzheimer’s or dementia. Read more about Legal Health Planning on http://www.agingavenues.com/ and I will soon have the HIPAA form under checklists.