Pre-need Funeral Services Contract
A pre-need funeral services contract allows an individual to set aside funds, before his or her death, to be used specifically to pay for funeral expenses. Under the terms of such a contract, a “purchaser” signs the contract and advances funds, which are held in an escrow account for the purpose of paying for future funeral services for the “beneficiary” upon his or her demise. See C.G.S. §42-202. A pre-need funeral services contract may only be sold by a funeral director licensed by the public health commissioner. See C.G.S. §42-201.
There are strict requirements for such contracts under Connecticut law. For example, funeral services contracts must be in writing, and must contain the following:
(1) The name, address, telephone number and Social Security number of the beneficiary and the purchaser;
(2) The name, address, telephone number and license number of the funeral director for the funeral service establishment providing the goods or services;
(3) A list of the selected goods or services, if any;
(4) The amount of funds paid or to be paid by the purchaser for such contract, the method of payment and a description of how such funds will be invested and how such investments are limited to those authorized pursuant to subsection (c) of section 42-202;
(5) A description of any price guarantees by the funeral service establishment or, if there are no such guarantees, a specific statement that the contract contains no guarantees on the price of the goods or services contained in the contract;
(6) The name and address of the escrow agent designated to hold the prepaid funeral services funds;
(7) A written representation, in clear and conspicuous type, that the purchaser should receive a notice from the escrow agent acknowledging receipt of the initial deposit not later than twenty-five days after receipt of such deposit by a licensed funeral director;
(8) A description of any fees to be paid from the escrow account to the escrow agent or any third party provider;
(9) A description of the ability of the purchaser or the beneficiary to cancel a revocable funeral service contract and the effect of cancelling such contract;
(10) For irrevocable contracts, a description of the ability of the beneficiary to transfer such contract to another funeral home; and
(11) The signature of the purchaser or authorized representative and the licensed funeral director of the funeral service establishment.
C.G.S. §42-200 + C.G.S. §42-202
See C.G.S. §42-200(b). A funeral services contract must also contain a statement that if the particular merchandise provided for in the contract is not available at the time of death, the funeral service establishment will furnish merchandise similar in style and at least equal in quality of material and workmanship to the merchandise provided for in the contract. See C.G.S. §42-202(g). Funeral services contracts should not be confused with burial insurance policies, which are separately codified in the Connecticut General Statutes, under Section 38a-464.
For further information on pre-need funeral services contracts in Connecticut, see Chapter 743C of the Connecticut General Statutes. The General Statutes can be found online at: http://www.cga.ct.gov/. Additional information is available in the State of Connecticut’s Office of Legal Research Report on pre-need funeral services contracts online at: http://www.cga.ct.gov/2007/rpt/2007-R-0578.htm.
Should you have questions regarding pre-need funeral services contracts, contact managing partner Joseph C. Maya at 203-221-3100 or at JMaya@Mayalaw.com for a free consultation. You may also contact the well-practiced attorneys of Maya Murphy P.C. for any other inquiries regarding estates and trusts.