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  What can be done prior to death occurring?
In the case of an imminent death, families can still meet with a funeral director to record wishes and make pre-arrangement decisions. Can I make pre-arrangement decisions at an earlier age when death is not imminent?
Yes. Families can meet with a pre-need counselor to record wishes and make pre-arrangement decisions years in advance of death. These decisions can also be pre-funded through a pre-need trust or insurance contract, freezing the cost of the services, thus guarding against future inflation. (For more information concerning pre-funded contracts, scroll down to: Should I consider a prepaid contract?) Is there a charge to meet with a pre-need counselor or to place pre-arrangement information on file with a funeral home?
No. Consultation with a pre-need counselor is a complimentary service. Does a pre-arrangement appointment require a great amount of time?
No. Most appointments last from one to two hours. Can a pre-need counselor come to my home for my appointment?
Yes. The pre-need appointment can take place in the offices of the funeral home or in the convenience and privacy of your home. What should one do when a death occurs?
Arrangements for disposition of the deceased generally can be made by a spouse, next of kin or legal representative. Call your funeral director. The normal sequence of events for handling a death is as follows:
What are the available methods of disposition?
Human remains can be buried, entombed, cremated or donated for scientific study. What is embalming and its purpose?
Embalming is the use of chemicals, internally and externally, to disinfect and temporarily preserve the body for open casket viewing and/or for the transfer of the body to distant destinations. Does the law require that a dead human body be embalmed?
No. Texas law does not require embalming at any time. Most common carriers will require that a body be embalmed prior to shipping and the laws of the destination state will apply. Because of the rapid deterioration of a body after death, Texas Health Services Rules require that bodies held for over 24 hours or in transit must be embalmed, refrigerated, or encased in a leak and odor proof container.
How are remains donated?
Donation of human bodies to medical facilities can be made either directly to the facility, through a funeral establishment or by contacting:
Anatomical Board, State of Texas Can I donate my organs without donating my entire body?
Yes. You may leave written or oral instructions regarding your wishes. Can I change my mind about donating my body or organs after I commit myself?
Yes. Prior to death, a person can revoke his or her donation by destroying or canceling the instructions, or by alternate instructions to the next of kin or the person designated by written instrument.
What is meant by immediate disposition?
Immediate disposition is the interment, entombment or cremation of the remains without ceremonies. Immediate disposition usually includes transfer of the remains to the funeral home, preparation and filing of the necessary documents and transportation to the cemetery or transportation to and from the crematory. Can a body be cremated immediately following death?
Texas law prohibits cremating any dead body within 48 hours after death. This time requirement may be waived in writing by the County Medical Examiner or a Justice of the Peace in counties without Medical Examiners. What is done with cremated remains?
Cremated remains may be disposed of in a number of ways: privately scattered, scattered at sea, scattered by airplane in unpopulated areas, interred in a cemetery, placed in a niche in a columbarium, or kept by the family in their home. Can a family bury its own dead without using a licensed funeral director?
A statement of death and a death certificate are legally required. Generally, local ordinances or deed restrictions prohibit burials within city limits. Check with the State Health Department and local zoning authorities for applicable laws. How do people select a funeral director?
Almost always by reputation or availability. The way a funeral director serves families is readily known in most communities. If you need a funeral director and for some reason do not know one, the reference of a relative or friend who has been served satisfactorily is one wise way to make a decision. The best way is to know in advance whom you would select and then visit the funeral home, examine the facilities, meet the staff and understand the ways in which your needs will be served. After determining where to call, be prepared to ask questions concerning all aspects of funeral arrangements. Prior to making funeral arrangements, you will need the following information:
How may I learn about funeral costs?
Funeral establishments are required to give current retail price information.
Obtaining informationAny consumer entering an establishment and making inquiries is entitled to the retail price list. By law, you must be presented a retail price list itemizing the costs of funeral services and the merchandise for sale from a funeral director. These retail prices, appearing on a printed or typewritten list which the customer may keep, must specify at least the charges for the following items, provided they are available for purchase through the establishment:
Is there a law that prohibits funeral directors from advertising?
No, but consumer protection statutes require all advertising to be factual and clear in content. Any misrepresentations should be reported to the Texas Funeral Service Commission, the Attorney General's Consumer Protection Division and your local Better Business Bureau. Is there a law that prohibits funeral directors from solicitation at or near the time of death?
Yes. Solicitation means any direct or indirect contact with the family, next of kin, or one who has custody of a person who is deceased or near death for the purpose of securing the right to provide funeral services or merchandise for the deceased person or the person near death.
Choosing a Casket
The price of each casket must be stated and varies depending on the type. Caskets are not required by law, however, there may be cemetery or mausoleum restrictions regarding caskets and outer burial containers or vaults. The law does not require a casket for cremation but some type of container such as a cardboard box or canvas pouch is usually required by the crematory.
Caskets are constructed from various materials including steel, copper, bronze and wood. The only warranties, express or implied, granted in connection with casket products are the express written warranties, if any, extended by the manufacturers.Prepaid Funeral Contracts Should I consider a prepaid funeral contract?
Prepaid funeral contracts are governed by Chapter 154 of the Texas Finance Code and are under the jurisdiction of the Texas Department of Banking. Such contracts are being marketed extensively and offer the opportunity to permit a person to fully consider his or her needs and wishes and control the cost and nature of funeral services desired. The contracts vary in terms and coverages and should, like any other purchase involving a substantial sum of money, be reviewed carefully before execution.
Texas law requires that any seller of contracts for prepaid funeral arrangements must first apply and obtain a permit from the Texas Department of Banking. Do not contract with any seller who does not have such a permit, and make certain the proposed contract meets minimum Texas legal requirements, including that a trust fund has been created for the proceeds from prepaid contracts through a contract of insurance with an insurance company licensed in Texas, or that such a trust fund is established in a bank or savings and loan association operated under the provisions of the Texas Trust Act. Where does my money go?
A deposit fund is established with a financial institution approved by the Texas Department of Banking, or a fund is created by a life insurance or annuity contract with an insurance company authorized to do business with the State of Texas. If a life insurance or annuity contract is used, the person who sells you the policy and the insurance company must be licensed by the Texas Department of Insurance. Ask to see his/her license. In addition, you are entitled to receive a copy of the policy and should be sure that you understand the benefits, limitations and exclusions. You can call the Texas Department of Insurance at 1-800-252-3439 or 512-463-6501 for license information on both agents and companies or for assistance in interpreting policy language. What if I change my mind and want my money back?
In a deposit fund arrangement, the purchaser can cancel the contract prior to maturity and receive a refund in accordance with the terms of the contract. If you have a life insurance or annuity arrangement, you may receive only the cash surrender value, if any, as indicated in the insurance policy or annuity and the prepaid contract. Read and understand the cancellation language in the policy or annuity and in the prepaid contract.
What if I want to change funeral homes?
If the prepaid funeral contract is in a deposit fund you may have to cancel your contract and make other arrangements. If the prepaid contract is funded by a policy of insurance you may be able to cancel the contract and keep the insurance policy allowing you to choose another funeral establishment. Talk to the seller of your prepaid contract and the funeral director of the funeral home you wish to use. Make sure all parties are in agreement and be sure to get a copy of any such agreement in writing.If death occurs before the prepaid contract is paid in full, will any additional payments be required? On a deposit arrangement any unpaid balance would become due at the time of the funeral. Depending on the type of insurance policy or annuity contract used to fund the prepaid funeral contract, expenses may not be paid in full. If you are unsure, question the seller and/or the Texas Department of Banking or the Texas Department of Insurance. Will my contract cover all my final expenses?
You are entitled to receive all items shown on the contract at no additional charge, if the terms of the contract have been met. There may be an additional charge for items that are not part of the prepaid contract. These may include cemetery fees, such as lowering equipment and the opening and closing of the grave. You should discuss with the seller items that are not covered. What happens if a funeral home, which sold trust funded prepaid funeral benefit contracts goes out of business or misappropriates prepaid funds?
It would depend on whether the funeral home was a licensed seller. If the funeral home held a valid permit when the prepaid funeral contracts were sold, the Department of Banking would take over the contracts and find a subsequent provider. Any shortages to the fund would be covered by the Prepaid Funeral Guaranty Fund. The purchaser would not suffer a financial loss. However, if the funeral home was an unlicensed seller, the Department of Banking will take actions in coordination with the local District Attorney to try to recover the prepaid funds through restitution. The purchaser can suffer a financial loss in the situation because the Prepaid Funeral Guaranty Fund can not be used.If you have additional questions regarding prepaid funerals, please contact: Texas Department of Banking Where can I secure additional information regarding Mortuary Laws in the State of Texas?
You may request a complete copy of Article 4582b, Texas Civil Statutes, and the Commission Rules, by contacting the Texas Funeral Service Commission listed at the end of this document.If you have a complaint against a funeral director or a funeral establishment who should I contact? First, discuss your problem with the funeral director and/or management of the funeral establishment. If you feel that you were not treated fairly, the funeral director should be given the opportunity to satisfy you. If this is not acceptable, you may provide the facts in writing to:
Funeral Facts provided by the Texas Funeral Service Commission |
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