- 13 -
these regulations, a “pre-need funeral contract” is defined as
“any pre-need funeral services contract or pre-need funeral
arrangements contract, entered into in advance of death”. Mass.
Regs. Code tit. 239, sec. 4.01 (2003). A “pre-need funeral
services contract”, in turn, is:
any written agreement whereby a licensed funeral
establishment agrees, prior to the death of a named
person, to provide specifically-identified funeral
goods and/or services to that named person upon his/her
death, and which is signed by both the buyer and a duly
authorized representative of the licensed funeral
establishment. [Id.]
Similarly, “pre-need funeral arrangements contract” means:
any written arrangement between a licensed funeral
establishment and another person which establishes a
source of funds to be used solely for the purpose of
paying for funeral goods and/or services for a named
person, but which does not identify the specific
funeral goods and/or services to be furnished to that
person. [Id.]
The regulations set forth the required contents of “pre-need
funeral contracts”. Mass. Regs. Code tit. 239, sec. 4.03 (2003).
As pertains to funding, contracts are to contain the following:
A written acknowledgement, signed by the buyer,
which indicates that:
1. The buyer has established a funeral trust fund
pursuant to 239 CMR 4.00 and has received all
disclosures required by 239 CMR 4.06(3); or
2. The buyer has elected to purchase a pre-need
insurance policy or annuity and has received all
disclosures required by 239 CMR 4.07(2); or
3. The buyer has tendered payment in full for all
funeral goods and services specified in the contract
and has received satisfactory written evidence that
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: May 25, 2011