Preplanned Funeral Problems

Preplanned Funeral Problems

Preplanned Funeral Problems

Preplanned Funeral Problems

Of course, you do not know whether the seller undertaking establishment will still be in business at the time of your death. He may be insolvent, and unable to provide either the merchandise or the services in the hour of need.

Learn More About Life Estate Planning Today!

The complexity of this area of law and business is illus trated by the West Virginia case where the cemetery promoters provide lots and burial space (safeguarding the funds so collected by a trust fund), and also vaults, caskets, etc., and funeral services (using the funds so collected in the operation of the business without placing them in trust). It was the latter fund to which the legislation the court invalidated related, but the justices in the majority confused this fund with the cemetery lot trust fund.

This court even drew an analogy between promotional funds of this sort, paid in advance of need, and the "lay-away" plans used by depart ment stores. A similar statute was upheld as constitutional by another state's supreme court which observed that in the contract under consideration the "benefits from such funds (prepaid installments) inure entirely to plaintiffs (promoters), while the risk of increased costs between the date of the contract and performance rests upon the purchaser." In this instance, the purchaser was not told when he signed the contract that nearly one-third of his payment went imme diately for salesmen's commissions, and over 36% for "other operational expenses."

Misleading language provided an illu sory "guarantee-of-performance" clause, and other flaws were found in the scheme. The court here criticized the West Vir* ginia case already described, and pointed out that a similar act had been upheld in Texas. The "lay-away plan" analogy used in the West Virginia decision was described as fallacious, in that the "lay-away" sale contemplates performance within a relatively short period of time upon payment of the purchase price. Opportunities for fraud are negligible and remedies for nonperformance are readily available.

POST COMMENT

How To Estimate Rodent Numbers Conversation Starters for Singles Same Pelosi, Same Party, Same Agenda - Different Angle Cremation Explained How To Rid Subconscious Blocks & Manifest Your Desires Menopause Awarness - What to do....one step at a time Mens Trousers The Variety Is Simply Mind Boggling Gosder Cherilus Avoids Fine appropriate after getting Out Jared Allen's Knee Ball Joint Separator - Fix Your Front End Jukebox Hits - 10 All Time Favorites QB Uncertainty acquiring Old Selecting A Zip Line Carefully Parker Swipes Peterson's Rushing Lead