Legal Question in Wills and Trusts in Pennsylvania

My Aunt pre-paid for her funeral then changed her mind on what she wanted. What she wanted cost less than what she Originally paid. The funeral home would not refund her the difference. They said they would give it to her daughter after she passed away. Is the funeral homw allowed to keep her money like that?


Asked on 11/14/12, 7:55 am

1 Answer from Attorneys

I don't know as I have not seen the document that your aunt signed. These things are governed by contracts. A contract is an agreement that will govern the terms and will indicate under what circumstances any refund would be owed.

The fact that your aunt changed her mind at some point is not a factor in determining whether a refund is owed. What if your aunt changes her mind again? Then what?

The benefit to these pre-need contracts is that a person pays for the funeral now and protects him or herself from price changes in the future. So the funeral can cost thousands more when a person dies but since the funeral is paid for, the person does not have to pay again (depending on the contract - some are written differently)

Your assessment is based on emotion. While it may seem fair on its face to issue a refund now, when you look at the circumstances, your aunt may not be due any refund at all.

If your aunt is unclear as to whether a refund is or is not owed, then she needs to spend money and pay an attorney to review the situation and any documentation and advise her.

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Answered on 11/14/12, 10:36 am


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