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Thelawman2
Thelawman2, Attorney
Category: Legal
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Experience:  Attorney-at-Law
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In 1989 my husband and I purchased a pre-need funeral plan

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In 1989 my husband and I purchased a pre-need funeral plan for two. In 1999 we received a statement that the plan was paid in full.

On September 14, 2013, my husband died and I used the pre-need funeral plan previously purchased. The casket was did not meet the quality standard that was originally selected. I was informed that the casket was not available and had to be order. I was told not to worry the casket would be nice. Two days before the funeral I viewed the body but did not really look at the casket. On the day of the funeral, I notice the casket was very cheap looking. That was my fault for not demanding to see it.

The head maker was included in the pre-need planning. Now, It is a requirement that a granite slab be placed under the marker. I was told the head marker can not be installed without a granite slab. Can the "Grandfather Clause" be used in this situation.

After my husband's funeral, I was told that the funeral portion of the plan was for only one person and I needed to purchase a plan for myself. I provided the contract showing services for two. After that, I was given several excuses, someone cancelled my portion of the plan but they could not say who or when because the computer crashed. I was told that I could get reimbursed for my portion of the money paid. Then I was told that when the computer is up and running they will give me more information. As of this day, I have not been given any information. However I have received 2 invitation to a pre-need seminar.

What actions should I take to get the funeral home to accept my pre-need contract for two.

Thelawman2 :

If the casket was not up to the standard that was listed in the contract between you and the insurance company, then you would need to bring a lawsuit for breach of contract. You would be able to recover the difference between what they should have provided versus what the did provide.

Thelawman2 :

As for your coverage, you could, in the lawsuit, seek a declaratory judgment that seeks the court to declare that they have to provide coverage for you as well.

Thelawman2 :

I would recommend hiring a local attorney who can begin the lawsuits for you, and possibly negotiate with the funeral home to settle the dispute.

Customer:

What advise do you have regarding the head stone marker. Does it meet the "Grandfather Clause"

Thelawman2 :

It really depends on what the Grandfather clause says. If it says that any future requirements for installation of the head marker are included in the plan, then it would be covered.

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