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those goods or services will be furnished at time of
death; or
4. The buyer has declined to select a funding method
and has paid no money to the funeral establishment;
[Mass. Regs. Code tit. 239, sec. 4.03(1)(d) (2003).]
A “funeral trust” within the meaning of the foregoing provision
is “a written agreement of trust whereby funds are transferred to
a named trustee with the intention that the trustee will manage
and administer those funds for the benefit of a named beneficiary
and use those funds to pay for funeral goods and/or services to
be furnished to that named beneficiary.” Mass. Regs. Code tit.
239, sec. 4.01 (2003).
Cancellation rights likewise are specified in the
regulations, as follows:
Any buyer of a pre-need funeral contract may cancel
that contract and receive a full refund of all monies
paid, without penalty, at any time within ten days
after signing said contract. After the expiration of
this ten-day “cooling off period” a pre-need funeral
contract may be canceled in accordance with 239 CMR
4.06(8). [Mass. Regs. Code tit. 239, sec. 4.05(1)
(2003).]
The referenced Mass. Regs. Code tit. 239, sec. 4.06(8) (2003)
reads, in pertinent part:
The buyer who signed a pre-need funeral contract,
or his/her legal representative, may cancel a pre-need
funeral contract with a licensed funeral establishment
at any time by sending written notice of such
cancellation, via certified mail, return receipt
requested, to said funeral establishment. If a funeral
trust has been established to fund said pre-need
funeral contract, and the licensed funeral
establishment is not the trustee, the buyer shall
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