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Is a funeral director/funeral home obligated to return unused funds from an irrevocable trust if amount used is less than in trust? Funds and director are in the state of Pa. My mother is now in a nursing home in Fl but will be returned to Pa for burial.
yes, they are. How is it that there is a surplus paid to the funeral home from the trust?
The funeral home has not been paid yet, but my mothers funds are in a trust made out to them. They won't cover expenses for a traditional funeral with this director, and he will not negotiate lower. Another home in the area will, but the trusts are not transferable. My sister and I have decided on a cremation, with no service at the funeral home to cut costs, and have a mass at the chuch later. I just want to be sure we can get the funds back from the funeral home, to pay the costs of opening and closing the grave (which is paid for) and the cost of the necessary containers and air fare to return her remains from Fl.
ok, yes you can get the funds back. To be sure and so that everything is nice and simple, have the funeral home execute a reimbursement agreement whereby they agree to return the unused funds to the trust.
Attorney
Negotiate, Draft, and Review many complex commercial agreements each year.