- 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 thatPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011