Legal Question in Elder Law in New York

Irrevocable Prepaid Funeral Trust

I just became the guardian of my mother; part of the guardianship commission requirements state that I need to establish a Irrevocable Prepaid Funeral Trust. What exactly is an Irrevocable Prepaid Funeral Trust and how does one go about establishing one. How much do they cost, or how much should one establish the trust with? Are there any pitfalls or things to watch out for when establishing such a trust? My mother who is 79 is receiving Social Security Survivors benefits, is in a nursing home paid by Medicaid. Thank you for your help.


Asked on 2/25/09, 1:15 pm

1 Answer from Attorneys

Steven Kass Law Office of Steven A. Kass, P.C.

Re: Irrevocable Prepaid Funeral Trust

If your mother will access Medicaid in NY, you can contact Christophe Tombline at 516 - 987 - 8718, or Anthony Capogna at 516 - 429 - 6007. They are licensed funeral directors who provide the Pre-Plan for Medicaid Purposes. They can make the arrangements whether your mother is Catholic, Jewish, etc.

Courts prefer that Guardians establish an Irreocable Burial Contract to guarantee that the ward's burial and funeral are pre-paid. For Medicaid purposes, an Irreocable Burial Contract protects the monies paid, so that the value does not compromise Medicaid eligibility.

Costs vary by what you choose. I've seen an average of $9,000-18,000. You need to consider the cost of a casket (a plain pine box or an elaborate steel casket, renting a funeral chapel, embalming-cosmetology, clergy fee, limo, death certificates, etc.).

Sincerely,

Steven

Steven A. Kass, Esq.

Law Office of Steven A. Kass, PC

105 Maxess Road, Suite N116

Melville, New York 11747

[email protected]

http://www.stevenkass.com

This message is intended only for the addressee. The information contained in this message is

confidential, may be attorney-client privileged, may constitute inside or Nonpublic information

under federal or state securities laws and is intended only for the use of the addressee.

Unauthorized forwarding, printing, copying, distributing, or using such information is strictly

prohibited and may be unlawful. If you are not the addressee, please promptly delete this

message and notify the sender of the delivery error by return e-mail or you may call our office. Thank you.

IRS Circular 230 Disclosure: In order to ensure compliance with IRS Circular 230, we must inform

you that any U.S. tax advice contained in this correspondence and any enclosures hereto are not

intended or written to be an opinion nor used by any person for the purpose of (i) avoiding any

penalty that may be imposed by the Internal Revenue Code or (ii) promoting, marketing or

recommending to another party any tax-related matter(s) addressed herein.

Read more
Answered on 2/25/09, 1:53 pm


Related Questions & Answers

More Elder Law questions and answers in New York