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PRE-ARRANGEMENTS
Answers to Frequently
Asked Questions

Should I consider a prepaid funeral contract?
Prepaid funeral contracts are governed by Chapter 154 of the Texas Finance
Code and a re under the jurisdiction of the Texas Department of Banking.
Such contracts are being marketed extensively and offer the opportunity to
permit a person to fully consider his or her needs and wishes and control the
cost and nature of funeral services desired. The contracts vary in terms
and coverage's and should, like any other purchase involving a substantial sum of
money, be reviewed carefully before execution. Texas law requires that any
seller of contracts for prepaid funeral arrangements must first apply and obtain
a permit from the Texas Department of Banking. Do not contract with any
seller who does not have such a permit, and make certain that the proposed
contract meets the minimum Texas legal requirements, including that a trust fund
has been created for the proceeds from prepaid contracts through a contract of
insurance with an insurance company licensed in Texas, or that such trust fund
is established in a bank or savings and loan association operated under the
provisions of the Texas Trust Act.
Where does my money go?
A deposit fund is established with a financial institution approved by the
Texas Department of Banking, or a fund is created by a life insurance or annuity
contract with an insurance company authorized to do business in the State of
Texas. If a life insurance or annuity contract is used, the person who
sells you the policy and the insurance company must be licensed by the Texas
Department of Insurance. Ask to see his/her license. In addition, you are
entitled to receive a copy of the policy and should be sure that you understand
the benefits, limitations and exclusions. You can call the Texas
Department of Insurance at 1-800-252-3439 or 512-463-6501 for license
information on both agents and companies or for assistance in interpreting
policy language.
What if I change my mind or want my money back?
In a deposit fund arrangement, the purchaser can cancel the contract prior to
maturity and receive a refund in accordance with the terms of the
contract. If you have a life insurance or annuity arrangement, you may
receive only the cash surrender value, if any, as indicated in the insurance
policy or annuity and the prepaid contract. Read and understand the
cancellation language in the policy or annuity and in the prepaid contract.
Why should I pre-arrange a funeral?
Prearranging and prepaying for your funeral can
be the best thing you could do for your family. When you come in to
prearrange, you are basically making choices and decisions that your family
would have to make later should you die. This spares your family of having
to make those choices and decisions at a very emotional and difficult time.
When you prepay these choices, you not only spare
your family of the burden of paying for your funeral, but you freeze the funeral
costs so that the only out of pocket expenses they will have are for certified
death certificates, obituaries and/or flowers. These are expenses or
charges set by outside sources.
Most prepaid plans allow you to pay for your
funeral on monthly plans in three, five or ten years which lessens the burden on
those with fixed incomes. Don't wait. Call today for an appointment
to prearrange your funeral or the funeral of a loved one.
What if I want to change funeral homes?
If the prepaid funeral contract is in a deposit
fund you may have to cancel your contract and make other arrangements. If
the prepaid contract is funded by a policy of insurance you may be able to
cancel the contract and keep the insurance policy allowing you to choose another
funeral establishment. Talk to the seller of your prepaid contract and the
funeral director of the funeral home you wish to use. Make sure all
parties are in agreement and be sure to get a copy of any such agreement in
writing.
What if I move or the funeral home goes out of business,
and I have a pre-arranged funeral?
Most funeral homes will accept preneeds that have been written by other
funeral homes at no additional cost or fees. Talk to the funeral home you
wish to use and let them review the contract. Usually all that is required
is notification of the insurance carrier of the policy or trust account, that
you wish to designate a new funeral provider.
To learn more about changing your preneed from one funeral home to another,
contact Diana or Paul at Carter Funeral Home.
If death occurs before the prepaid contract is paid in
full, will any additional payments be required?
On a deposit arrangement any unpaid balance would become due at the time of
the funeral. Depending on the type of insurance policy or annuity contract
used to fund the prepaid funeral contract, expenses may not be paid in
full. If you are unsure, question the seller and/or the Texas Department
of Banking or the Texas Department of Insurance.
Will my contract cover all my final expenses?
You are entitled to receive all items shown on the contract at no additional
charge, if the terms of the contract have been met. There may be
additional charges for items that are not part of the prepaid contract.
These may include cemetery fees, such as lowering equipment, opening and closing
the grave, and burial vaults. You should discuss with the seller items
that are not covered.
MORE QUESTIONS???
If you have additional questions regarding prepaid funerals, please contact:
Texas Department of Banking, Special Audit Div.
2601 North Lamar Boulevard
Austin, Texas 78705-4294
Phone: 512-475-1290
Fax: 512-475-1288
www.banking.state.tx.us
OR
Texas Department of Insurance
Consumer Help Line
P.O. Box 149091
Austin, Texas 78714-9091
512-463-6515
1-800-252-3439
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