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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