Archive for the ‘Legal’ Category

Funeral Scams to Avoid

Tuesday, October 22nd, 2013

Although it seems unthinkable to take advantage of a grieving family to make money, scams and fraud related to the death care industry can happen. As is the case in any field where emotions are high and decision-making is a strained business, unscrupulous vendors and outright scam artists may take advantage of the situation to earn a buck.

The majority of funeral homes operate in conjunction with national laws and regulations related to the funeral planning industry—and do it with compassion. However, if you find yourself feeling uncomfortable with any part of the process, be sure and step away from the funeral plans and check with this list of common funeral scams.

Not Allowing You to See The Prices: Under the Federal Trade Commission’s Funeral Rule, funeral homes must provide you with an itemized list of all their goods and services—including both packages and a la carte options. This list must be offered up front and without any other obligation on your part. In many cases, you can even request a copy over the phone or via mail, allowing you the chance to look it over at your leisure.

Pressuring You to Decide Now: Like car dealerships, funeral homes have a better chance of getting results if they keep you on site until you’ve made all your decisions and put down a deposit on the funeral of your choosing. This exhausting process often leads to impulsive decisions and overspending. You have every right to take your time and ask to return at a later date.

Forcing You to Buy from Them: There is no law that says you have to buy all your funeral items from the funeral home (in fact, the law says the exact opposite). You are allowed to shop around and order things like caskets, headstones, and funeral flowers from an outside provider—and the funeral home must accept them. (more…)

Funeral Protest Laws

Friday, October 18th, 2013

In a country where free speech reigns and everyone is entitled to his or her opinion, the rights of mourning families regularly come into question. This is never more true than when military funerals or other funerals of high public interest occur. On the one hand, it is important that those who are grieving are able to plan a funeral and say goodbye in a way that is respectful and private. On the other hand, the United States works hard to allow organizations to voice a protest in keeping with their rights as citizens.

New Military Funeral Regulations

In August 2012, President Obama signed the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 into law. Foremost among the law’s details, there are now restrictions in place to keep protestors at military funerals a discreet distance from the mourning family.

Under this new legislation, any protests (usually held in response to the individual’s private life or as a larger protest against military service) must be held at least 300 feet from military funerals. Likewise, these groups are prohibited from forming two hours before or after a service in order to give the family a wide berth. The law directly counteracts a 2011 Supreme Court ruling that allowed public displays as protected under the First Amendment.

What This Means for Funeral Planning

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Paying for a Parent’s Funeral

Friday, September 13th, 2013

In cases where an individual did not make advance funeral plans, chances are fairly good that a spouse or adult child will be responsible for planning and financing the funeral. Long held as the custom across countries and cultures, the idea that a child must bear the burden of burial is one that many of us recognize. After all, these are the individuals who brought us into the world…it seems only fitting that we send them out of it.

Unfortunately, circumstances and financial hardship often get in the way of these types of plans. In addition to the emotional toll that losing a parent can have on an individual, it can be difficult to know where to find the resources to cover funeral costs as well as what types of decisions to make to best honor your parent.

If a parent’s death has recently occurred, we suggest you sit down with other siblings and your remaining parent to go over your options and to discuss funeral planning details. Depending on what kind of pre-plan funeral arrangements were made and your financial situation, you could rely on any of the following payment types.

Life Insurance: Although not everyone purchases a funeral pre-plan, life insurance is fairly common. The named beneficiary (or beneficiaries) will receive a lump sum payable upon death and may use those monies for the funeral. Because these funds may take a few weeks to be processed, most funeral homes are willing to work with you to arrange the payments at a later date. (more…)

Funeral Cost Calculator

Friday, September 6th, 2013

Funeral costs are a real concern for most families facing the death and burial of a loved one. At a time when stress and anxiety are already higher than average, knowing that you will be expected to pay out thousands of dollars to provide a fitting farewell can prove difficult.

While more and more families are preparing for this eventuality with funeral pre-paid packages, there are options for those who have not planned ahead. In addition to financing a funeral, you can manage funeral costs by comparison shopping, selecting lower-cost burial alternatives, and coordinating services at the funeral home of your choice.

Online Funeral Planner Assistance

If you are preparing to plan a funeral, we suggest following this guide to estimate costs and come up with the best options for your family. Losing a loved one will always be difficult—and financing a funeral is rarely something anyone looks forward to—but with the right resources and support, you can come up with a beautiful funeral that won’t break the bank.

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Cemetery Etiquette: How to Be Respectful when Touring a Cemetery

Thursday, August 15th, 2013

Visiting a cemetery is something that almost everyone does at some point in their life. Whether it’s a trip to a local cemetery to say goodbye to a loved one, a stop at a famous cemetery as part of a grief tour, or simply because you want to enjoy the quaint setting and serenity to be found in a cemetery, there are plenty of reasons to stop by.

And while most cemeteries have regular visiting hours and encourage people to come in, it’s important to remember that these facilities are considered safe, sacred spaces for those who are mourning. In addition to following each cemetery’s individual guidelines, it’s also a good idea to follow a few general cemetery etiquette suggestions.

Don’t visit at night without permission. Most cemeteries have set hours of operation, which are listed on their gates or at the main facilities. Those without set hours are typically open from dawn until dusk, and don’t encourage nighttime visitors. If you do want to visit after hours, be sure and contact someone in charge to get permission first.

Don’t sit on, lean on, or make rubbings of the erected memorials. Headstones, vaults, crypts, and memorial benches are meant to stand for hundreds years. (And in historic cemeteries, many of them already have!) Do your best not to interact with the stone materials, especially if you don’t have permission first. Many cemeteries forbid headstone rubbings because of the additional wear and tear they cause. (more…)

Is a Discount Funeral Home a Good Idea?

Tuesday, August 6th, 2013

In an age when everyone is trying to cut back on their expenditures, it might seem like a good idea to reduce funeral costs by choosing a discount funeral home. Traditional funerals can be quite expensive—particularly if no advance funeral arrangements were made—and the stress associated with paying for a burial among the rest of the emotional toll death takes can rapidly push a family over the edge.

Discount funeral homes exist to provide a lower-cost alternative to families who want to save money on planning a funeral. They exist in large part because funeral homes have become so corporatized in the past few decades. Discount funeral homes found a niche market among these corporations, where discounts and great customer service drive sales.

This can be good news for consumers. As is the case with any type of free market like this, funeral homes competing with one another to lower prices, provide better service, and increase your options means that you have more freedom of choice. But how far is too far?

For some families, that answer is when discount funeral homes begin to cut back on some of the more time-honored traditions that bring comfort to grieving families.

Discount Funeral Homes

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Save on Burial Costs with a Funeral Committee

Friday, July 26th, 2013

There is perhaps no better way to cut back on funeral costs than to take a community approach to burial. Part of the reason funerals are so expensive is because most families go through the process alone. They meet with a funeral home, make decisions in isolation, and handle the entire burden by themselves. This type of process makes it difficult to share resources and even best practices—two things that can actually end up saving thousands of dollars on a funeral.

What is a Funeral Committee?

Funeral committees are a community, church, or other group effort created to establish a safe place for families to turn for low-cost burials in keeping with local traditions. Most funeral committees exist within religious institutions (since so many burial practices have their roots in a specific religious ideology), and are formed as part of a congregation effort to make planning a funeral on everyone involved.

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Requesting a Private Autopsy

Tuesday, July 23rd, 2013

In the funeral planning industry, most people associate autopsies with high-intensity drama and crime. Thanks in large part to television and the media, it is generally assumed that only deceased individuals who have died under suspicious circumstances are eligible to receive autopsies. While it is true that the majority of autopsies are performed for this reason, families may also request private autopsies for their own personal information.

Why Get a Private Autopsy?

If officials don’t suspect an unnatural cause of death, chances are they will release a body directly to the funeral home of your choosing. However, if you have any questions about your loved one’s health or cause of death, you may want to opt for an autopsy in order to seek answers.

Some of the more common reasons for requesting a private autopsy include:

Questions about the cause of death
Concerns about the treatment and care of the deceased prior to death
Insurance settlements and medical malpractice issues
Family health concerns (particularly if the deceased is believed to have died from a genetic disorder)
Peace of mind

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Death Certificate FAQs

Tuesday, July 16th, 2013

Although every state handles death certificates differently, there are some universal standards that should help you navigate the process of ordering death certificates, making corrections, and process other record-keeping needs.

For questions about your specific state, we encourage you to contact your state’s vital records office or the National Center for Health Statistics.

Death Certificates: Frequently Asked Questions

What do I need a death certificate for?

A death certificate is needed to settle most financial and legal affairs on behalf of the deceased. As the official legal record of death, the death certificate is needed for most insurance companies, the Social Security Administration, and other agencies that must process paperwork related to the deceased’s affairs.

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What Can a Funeral Home Legally Refuse You?

Thursday, July 11th, 2013

Oftentimes, when we talk about rights and responsibilities in the funeral planning industry, it’s about what you, the consumer, can legally expect from a funeral home. Several federal laws exist to protect you from predatory burial practices and to ensure that any investment you make in a per-arranged funeral plan is safe for the future.

Of course, this doesn’t mean that funeral homes don’t have rights, too. As businesses like any other, they are just as susceptible to non-payments, customers who change their minds, and other consumer practices that pose a risk to their bottom line. That’s why they have a few legal rights, as well.

Although most laws do rest on the side of the consumer, here are a few things a funeral home is allowed (and not allowed) to do.

A funeral home has the right to refuse to accept the deceased’s remains if there is a dispute about the right of disposition. This means that when family members disagree about how to dispose of a loved one’s remains (and when there is no legal document or situation that assigns one person the right to make decisions), the funeral home can opt not to handle the case—even if one person promises to pay for the funeral out-of-pocket. (more…)

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