
Why do people pre-fund their funerals?
Nationally and in Minnesota, pre-payment (pre-funding) of a portion
or all funeral costs is a growing trend. There are both emotional and
financial benefits to pre-funding.
The facts that we are mortal and that funerals cost money should not
surprise anyone. Yet, funeral professionals meet daily with next of kin
who are not prepared to deal with the financial impact of a loved one
dying.
Indeed, the funeral establishment's charges are important to consider
and plan for, but many people fail to plan adequately for all the other
expenses involved with a loved one dying. For example, there are cemetery
expenses, marker or monument expenses, and travel and lodging expenses.
There are also expenses for flowers, food, music, obituaries, and other
items. All these expenses occur at a time when the decedent's income
has stopped and life insurance benefits are not yet paid. Many people
say they feel better after they've completed their pre-arrangements,
knowing this burden has been removed from their loved ones.
What common mistakes do people make when pre-funding?
- The most common mistake people make when pre-funding their funeral
is failing to follow through. Most people would agree that it is a
good idea to ensure that this inevitable expense is taken care of.
Yet, many of the people who get started with the process fail to act
on pre-funding until it is too late. Medical problems that are common
with advancing age can erode one's finances and affect one's eligibility
for a complete slate of pre-funding options.
- Handling the pre-funding without the help of a funeral professional
is another common mistake. The law is very clear about what constitutes
a pre-paid funeral plan. Attempting to finding ways to pre-fund a funeral
without the help of a funeral professional can lead to the worst-case
scenario: your funds won't be there at the time of your death. So-called
burial plans, or final expense plans, typically do not provide to you
ALL the benefits and protections that you deserve when planning for
your funeral expenses.
Why is it important to hold my pre-funded funeral in
a trust?
Whether you place your prepaid funeral funds in a bank, life insurance
policy, or annuity, or utilize an insurance assignment, these funds should
be held in a trust. The purpose of a pre-funding trust is to safeguard
your funds. A properly structured trust helps to prevent the assets from
being liquidated by lawsuits, unscrupulous individuals, or bankruptcy
filings. These unfortunate circumstances affect individuals, banks, insurance
companies, and funeral establishments. To be most effective, the trust
should be set up irrevocably. Only your funeral professional has the
tools and the expertise to set up your funeral trust properly.
Who selects the funding vehicle for pre-arranged funeral?
By law (MN Statute 149A.97 Subd. 3a(4)), your funeral provider must
disclose to you that pre-funding options include both funeral trusts
and pre-need insurance policies. However, your funeral provider is not
required to hold an insurance license. Your funeral provider may offer
a guaranteed price or offer only with funding vehicles that they have
researched, since the funeral provider wants what you want: adequate
funds to cover the present and future costs.

What happens to the funds?
In the case of funeral trusts, the money goes into an interest-bearing,
government backed account in your name at a bank, savings and loan associations,
or credit union. The interest is taxable to you. The financial institution
issues IRS Form 1099 to you at the end of each year.
In the case of "pre-need insurance," you purchase a life insurance
policy or annuity with a face value sufficient to pay for the funeral.
Such a policy should be an increasing benefit ("growth") policy,
so the death benefit grows to keep pace with inflation, just as the interest
on a funeral trust will grow to counter inflation. The growth on a life
insurance policy typically is tax-free, and the growth on an annuity
policy is generally tax-deferred.
Do I have to pre-fund when I pre-plan?
No. You may pre-plan without pre-funding, or pre-fund without pre-planning.
Your funeral provider will work with you to pre-plan your funeral to
the level of detail that you wish. You may choose to pre-fund your plans
fully, partially, or not at all. Your funeral provider will also explain
how your choices may influence your eligibility for Medical Assistance
or other programs.
Do I have to pay all at once?
No. You may spread your payments out over time. If you choose to pre-fund
using a bank trust or a flexible or fixed annuity, your estate or next
of kin will be responsible for the balance if you die before your plan
is fully funded. Price guarantees, if any, typically will become effective
when your plan is fully funded.
If you are young and healthy enough to qualify for a fully insured pre-need
life insurance policy, the insurance company will pay the balance due,
and any price guarantees are effective immediately.
What is the difference between a Revocable and an Irrevocable
pre-arrangement?
The revocability of your plan refers to the pre-funding of your funeral.
A revocable plan allows you to un-fund your pre-arrangement at any time
and spend the money as you wish. If your revocable pre-arrangement was
funded with a bank trust, your principal plus all interest will be refunded
to you. If your revocable pre-arrangement was funded with an insurance
policy or annuity, the cash surrender value, less surrender charges,
will be returned to you.
Most people choose to make their pre-funding irrevocable because they
want to do what they can to ensure that the money will be there to pay
for their funeral in the future. Irrevocable funds cannot be withdrawn
for any reason prior to the death of the person for whom the pre-arrangement
was made.
Irrevocability protects your funds from bankruptcy, lawsuits, and unscrupulous
individuals, powers of attorney, or conservators. Irrevocability also
gives you the maximum exemption for your funds if you are applying for
Medical Assistance or other forms of public assistance.
What about going on Public Assistance?
Public assistance laws change periodically, but they typically take
into account that at least some, if not all, funeral expenses may be
pre-paid. Determining which rules apply depends upon which public assistance
program you are applying to (Medical Assistance, SSI, General Assistance,
etc.) and your particular circumstances.
To receive the maximum exemption, careful consideration needs to be
given to the type of pre-funding mechanism that is selected. Particular
attention needs to be paid to the timing of the pre-funding and to the
exact circumstances of the applicant so as not to disqualify the applicant
from public assistance programs. Your funeral professional can expertly
guide you through this process.
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