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Funeral Planning

Most people will participate to some degree in the preparation of a funeral for a family member or friend. It is important to be informed as to the decedent’s wishes, as well as your rights regarding funeral arrangements. We thought it would be helpful to put together a list of various issues that you should be aware of to protect your assets and the interests of your beneficiaries and to assist you should you be faced with the difficult task of planning a funeral, acting as a personal representative of an estate, or other issues following the death of a loved one.

Important Information and Documentation

Keep information about your affairs in a safe place known to your family or trusted friend and/or attorney. Information should include facts about your social security number and birth certificate; a list of assets including but not limited to bank accounts, insurance polices, retirement accounts; online account passwords and other pertinent information; a list of credit card accounts and other debts; a letter of last instruction regarding your funeral; facts for your obituary; a copy of your will or trust; and a cemetery deed.

Right to Dispose of Decedent’s Remains

Unless otherwise stated in a decedent’s will, the surviving spouse, or if none, the next of kin, shall have the sole authority in all matters pertaining to the disposition of the decedent’s remains. Next of kin is defined to include the spouse and relatives by blood of the decedent (with equal rights within the same level) in the following order should there be no surviving spouse: children; parents; brothers, sisters or their children; grandparents; uncles, aunts and their children and their grandchildren.

 

The Funeral Rule

The Funeral Rule, enforced by the Federal Trade Commission, was created to allow consumers of funeral products and services to be informed as to pricing and to prevent deceptive practices by funeral providers. The Funeral Rule requires:

1. A funeral provider to give readily available information, including but not limited to pricing, over the telephone;

2. A funeral provider to give a printed or typewritten price list to people who inquire in person about the funeral provider’s offerings;

3. A funeral provider cannot require the purchase of a “package”;

4. If state or local law requires the purchase of a particular item, the funeral provider must disclose it on the price list, with a reference to the specific law;

5. The funeral provider may not refuse, or charge a fee, to handle a casket purchased elsewhere;

6. A funeral provider that offers cremations must make alternative containers available;

7. A funeral provider must not represent that a deceased person is required to be embalmed for direct cremation, immediate burial, or a closed casket funeral without viewing or visitation under certain circumstances.

 

Consumer Complaints

The Pennsylvania Funeral Directors Association (PFDA) Grievance Committee was established to address complaints of the public and funeral professionals against funeral directors and homes. Contact information for the Grievance Committee is as follows:

By phone: 1-800-692-6068

By mail:

Grievance Committee
c/o PFDA
7441 Allentown Boulevard
Harrisburg, PA 17112

Should you have any questions regarding estate planning, administering the estate
of a loved one, or other issues that arise following the death of a loved one, please
contact us to assist you in your time of grief.

 

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All attorneys of Wells, Hoffman, Holloway & Stauffer, LLP are licensed only in the Commonwealth of Pennsylvania. None of the lawyers in this firm practice law or give legal advice regarding any matter in any other State or Commonwealth. All information contained in this website is specific to Pennsylvania. No attorney client relationship is established by reading the information contained on this website. An attorney client relationship can only be established by direct, in-person, communication with one of the firm’s attorneys.

 

Wells, Hoffman, Holloway & Stauffer Attorneys at law serving eastern PA including Chester County,  Berks County and Montgomery County and Philadelphia,  Reading, Allentown, Pottstown, Boyertown Gilbertsville, New Hanover,  Coventry, limerick Douglassville, Phoenixville, Schwenksville, East West Norriton, King of Prussia,  Valley Forge, Norristown, Lansdale, West Chester, Coatesville  and specializing in Business and personal law including Bankruptcy,   Consumer Bankruptcy,    Debt Relief & Assistance,   Foreclosures , Discrimination, Communications & Media,  Libel, Slander and Defamation, Consumer Law,  Consumer Fraud, Criminal Law,  Driving While Intoxicated,   Drug Crimes, Felonies, Homicide,  Juvenile Law,  Misdemeanors,  Parole and Probation Sexual Assault, Traffic Violations, Elder Law, Family Law, Adoptions, Child Custody, Child Support, Divorce, Premarital Agreements, Spousal Support, Visitation Rights, General Practice, Health Care, Health Insurance, Long Term Care, Medicare and Medicaid, Labor and Employment, Americans with Disabilities Act, Discrimination, Family Medical Leave Act, Sexual Harassment, Wrongful Termination, Personal Injury, Real Estate, Landlord Tenant Law , Residential Real Estate, Social Security, Social Security Disability, Taxation, Estate and Gift Taxation, Trusts and Estates, Asset Protection, Estate Litigation, Estate Planning, Guardianship and Conservatorship, Wills and Probate, Zoning, Planning and Use,  Banking Law, Mortgages, Bankruptcy, Business Law,   Business Formation,   Business Litigation,   Business Planning,   Buying and Selling Businesses,   Family Business Law,   Joint Ventures,   Limited Liability Company Law,   Partnership Law,   Small Business Law, Contracts,   Breach of Contract, Labor and Employment,   Employment Contracts,   Personnel Policies, Real Estate, Commercial Leasing,   Commercial Real Estate,   Landlord and Tenant Law,   Mortgages, Zoning, Planning and Land use.