1. If you purchase a funeral home owned by another mortician, you must:
2. If a buyer wishes to move his/her money to another funeral home, the funeral establishment may charge an early withdrawal fee if the bank charges an early withdrawal fee.
3. You do not have to tell the customer that you are changing funding vehicles from trusting to life insurance as long as the contract is still with the same funeral home.
4. Providing that certain disclosures are made, pre-need contracts may be guaranteed contracts, guaranteed in part contract, or non-guaranteed contracts.
5. Within how many days must money from a pre-need arrangement be deposited into an interest bearing escrow or trust account?
6. The Board of Morticians and Funeral Directors mandates the following to make pre-need arrangements using a life insurance policy or annuity:
7. When a funeral establishment has a service using a revocable trust account and the pre-need funds aren’t completely expended, the law states:
8. When a funeral establishment has a service using a life insurance policy and the pre-need funds aren’t completely expended, the law states:
9. Pre-need trust money must be deposited in:
10. Presenting a certified copy of a death certificate is one of only two conditions which allow a seller to withdraw pre-need money from the bank that is holding a pre-need account.
11. A pre-need contract shall contain:
12. For funds received for services under the pre-need contract, what percent of those funds must be deposited?
13. For funds received for the casket or casket vault under the pre-need contract, what is the minimum amount that must be deposited:
14. For funds received for other goods (cash advanced items) under the pre-need contract, what percent of those funds must be deposited:
15. Does the interest or dividends earned by the escrow or trust account prior to services being rendered belong to the buyer or the seller?
16. When does an irrevocable trust go into effect?
17. Beginning in 2009, will the pre-need audit report still need to be filed?
18. If a pre-need contract is funded with insurance and the buyer cancels the contract, would the buyer get a full refund of money paid?
19. Persons authorized to execute a pre-need contract:
20. A pre-need contract may be funded by a life insurance policy or an annuity contract if the mortician, funeral director, or surviving spouse is not the owner of or beneficiary under the life insurance policy or annuity contract.
21. Any benefits payable under the life insurance policy or annuity contract in excess of the amount necessary to pay the total price, as determined at the time of death of the insured, of the services and merchandise agreed upon in the pre-need contract are paid to the beneficiary under the life insurance policy or annuity contract.
22. Every funeral establishment shall pay $375.00 per year into the Family Security Trust Fund until the fund has accumulated $1,000,000.
23. A person may recover compensation from the Family Security Trust Fund for an actual pre-need trust fund loss that occurred on or after January 1, 2010.
24. Effective July 1, 2014, a licensed mortician or licensed funeral director may write a pre-need contract that would include the following:
25. The new pre-need law provides for full disclosure to the consumer as to which items, goods and services are guaranteed or not guaranteed in the pre-need contract.
26. The guaranteed or not guaranteed disclosures must be made in boldface type above the relevant sections.
27. The new pre-need law, effective July 1, 2014, applies to both money trusting and insurance funded contracts.
28. The new pre-need law requires that the contract contain a line totaling the guaranteed amount paid and the amount of non-guaranteed items that are considered to be only a down payment toward future costs.
29. The single owner of a funeral establishment law has been amended as it now requires, at the owner’s death, the appointment of a pre-need trustee.
30. The pre-need trustee for a single owner establishment must be actively licensed and in good standing with the Board of Morticians a minimum of four years working in a facility that has accepted pre-need contracts.
31. Within 90 days after the death of the single owner, the single owner pre-need trustee must notify, by letter, all pre-need contract holders advising them of their options available under the Maryland pre-need law.
32. The pre-need trustee shall identify all pre-need trust money that has been deposited and provide that information to the Board of Morticians.
33. The pre-need trustee will be authorized to make claim against the estate of the deceased single owner for pre-need trust funds and to transfer those monies to the abandoned property office of the state in the proper name of the beneficiary or owner of the pre-need contract.
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