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Pre-Need Funeral Deposits Are Non-TransferrableBy a 5-2 vote, the Commonwealth Court, in July, 2004, reversed a State Board of Funeral Directors' ruling and held that an advance deposit with a funeral home could not be withdrawn for transfer to another funeral home. The Court reasoned even hardship could not overrule an irrevocable agreement.It is estimated between $100 million and $150 million is spent annually by Pennsylvanians for pre-need funeral arrangements. This practice is spurred by the ruling that nonrefundable funeral advances do not count as assets in computing Medicaid eligibility. If one is contemplating an advance funeral arrangement where a substantial period of time may elapse or a move to a different region is possible, it may be advisable to negotiate into the contract a transfer provision, but limited to another funeral home. This is a significant tightening of the laws. Prior practice allowed only limited "refund" requests or withdrawal efforts for other purposes. |
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