The American Way of Death Revisited - Jessica Mitford [147]
Master trusts set up by morticians’ associations exist in thirty-two states. Only some of your prepaid funeral money may end up in the trust, depending on state law. Colorado, for example, requires a deposit of only 75 percent, allowing the funeral director or other sales agent to pocket a 25 percent commission. State associations that promote these trusts are paid a quarterly fee based on total investment—a strong motivation to push them. Commingled funds can be invested at a high rate of return which allows your account to grow at more than 5 percent on average while still covering the various fees. Some contracts use this growth to guarantee funeral goods and services; some do not. A few states permit a funeral home to withdraw an annual administrative fee, but most mortuaries leave it in the trust to grow, according to Nancy Gorchoff at the Access Financial Group, which manages such accounts for several states. The trust fund group takes care of reporting the interest. How much you get back if you were to cancel your arrangements would vary from state to state. Even the states that require 100 percent trusting permit the undertaker to claim an administrative fee.
A pay-on-death trust account at your local bank will give you the most control and flexibility. Sometimes called a “Totten Trust,” it can be moved easily if you do; it’s as safe as the bank it’s in. Pennsylvania attorney David Morrison, who specializes in elder law, recommends that you name yourself, or a close friend or next of kin—not the mortuary—as the beneficiary.
Whether you choose an irrevocable funeral plan or not will depend on whether you need to shelter assets prior to applying for SSI or Medicaid. Morticians are always eager to sell an irrevocable funeral contract, especially if you have arranged for a rather elaborate exit. Most people think that when it’s “irrevocable,” the body is all but in the hearse, and some funeral directors may use the “irrevocable” ploy to keep the arrangements fixed.
When her father died at a very old age, P.F. decided to opt for an immediate cremation rather than the funeral with viewing for which he had already paid. All her father’s friends had died, and the few scattered relatives would not be able to attend. When the funeral home refused to honor her request to change the plans, she walked out, then transferred the body—and the funeral funds—to another mortuary.
Mrs. S., after hearing a social worker at the senior center advise about protecting funeral money before ending up in a nursing home, promptly visited the local funeral director to make arrangements. She wanted to be embalmed before she was cremated, she said—just to make sure she was dead. The funeral director started adding various other charges to the list on his yellow legal pad (urn, urn vault, tent at the cemetery) until the total was over $3,200. Mrs. S., eager to protect her children from any worry or expense, wrote a check on the spot, made out to the local bank where her trust account would be held. But after a few weeks, she was troubled. She had selected cremation because she wanted to keep the cost down. A bill of $3,200 seemed like too much, so she wrote to the state Funeral Board. There was nothing