Perry Funeral Home, Inc. - Page 14

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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)                     
          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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Last modified: May 25, 2011