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Home >> Estate Planning Articles >> Practical Discussions About Funerals

Practical Discussions About Funerals

December 9, 2015 by Robert Kulas.

Practical Discussions About Funerals

 Compliments of Our Law Firm,

Written By: The American Academy of Estate Planning Attorneys

With all of the uncertainty in life, the one common denominator we all share and none escape is death. We go through life with a mindset of “when” things happen: when we graduate college, when we start a family, when we take that vacation in the French Riviera; yet when it comes to planning for end of life and funerals, we tend to insert an “if” factor. It’s human nature: we fear the unknown and our mortality.

For many, preplanning is a solution which eliminates several potential problems, including the need for discussing final wishes since the details have already been arranged. Also, preplanning eliminates worries about costs and potential family conflicts at a time when the family is grieving. This time should be about dignity, control and privacy.

From a more practical perspective, by pre-purchasing a funeral, it can make Medicaid qualification easier since it’s not factored into the spend down rule or the five-year look back period. Funds used to cover the costs aren’t considered available cash resources. Instead, those costs might include the funeral or memorial service, caskets or urns, cemetery markers and any other cemetery expenses.

Note that Medicaid requires prepaid funeral arrangements to be irrevocable. This simply means that family members may not opt for less expensive arrangements and then pocket the difference. If overpayments occur, they are returned to the state, not the family.

Another option includes assigning a life insurance policy to the funeral home that will cover the costs. If the policy is not enough to cover the arrangements, family members will have to cover the difference. Again, if you receive Medicaid, any overpayments are returned to the state, not your family. Finally, you must assign ownership of the policy to the funeral home. Listing it as the beneficiary is not enough.

By making the decisions and arrangements ahead of time, it can also present the opportunity to have an honest end-of-life discussion with family members. While it’s never a pleasant conversation, it’s necessary and can pave the way for more open discussions later.

You might wish to download a consumer’s guide for funerals. The U.S. Federal Trade Commission offers one that’s helpful and can be downloaded here.

Estate planning is about taking control in order to ensure your assets are distributed according to your wishes after you are gone. The preplanning of a funeral achieves many of these objectives, including making it easier to have sometimes difficult discussions with your loved ones. An experienced estate planning attorney can help ensure your funeral plans are carried out as you intended.

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"Everyone treated us extremely well.  Robert explained how a trust works and the benefits of having one.  We decided to move forward and complete the process.  He was very kind and knowledgeable.  Julie was also very helpful and very patient with our questions.  We felt very comfortable with this firm handling our affairs.  We would highly recommend this firm to our friends and family."

Janice M
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Robert Kulas and staff made making a will an easy to understand process. They were very knowledgeable and attentive to my wishes. All my documents were provided in an organized binder which will be a great asset to my family. I would definitely recommend them.

Krissy L.
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I have worked with Mr. Kulas & staff before. And they are very professional. I am very satisfied with Mr. Kulas and his staff and give them the highest satisfaction and 5 star rating.

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Mr. Kulas and his staff have been extremely helpful & knowledgeable for the over 3 years we have been associated. They are easy to talk to and explain everything without feeling rushed. Very competent and professional.

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I have known Robert Kulas for 20 years since I was co-executor for friends who had Mr. Kulas prepare a Trust for them. When I felt I needed a trust also, I came to him. I have always been completed satisfied with his work and that of his charming, competent staff.

Joan C.
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We began our estate plan process in 2004 (12 years ago) and have been pleased with the periodic reviews we have gone through and when changes have been needed the firm has been thorough and professional in making those changes.

L.G.K.
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