Good afternoon everyone,

I’m here to put a face to a law that need to be changed. This is my great grandmother Dorothy Star Crawford Watkins. She passed away March 16, 2018 at the age of 98. Her funeral was paid for twice, why you asked? The 1st was prepaid with Brunson funeral Home, because my great grandmother was in her late 80’s but she was healthy; life insurance wasn’t really an opinion. We trusted him because my family had used him before with other relatives and they did a great job. But those services weren’t prepaid service. Mr. Brunson Jr Passed away and we gave the family time to grieve and get things in order. We waited a few months before reaching out to see what happens now? Is another funeral home going to take over or would we get our refund. After multiple call that went unanswered we went by and no one was there. Two months later a for sale sign went up. The realtors didn’t wanted no part in it. So I email Problem Solver on Channel 6 news and my grandma Janet Watkins told our story. They received more answers in 2 weeks then I got in almost a year. The answer problem solver got wasn’t a good one. If a Funeral Home director dies or the funeral Home go belly up you are out of luck, you lose everything. After our storied aired another story aired on Problem Solvers for the same reason and the same Funeral Home but the policy was for herself. I know my family can’t get the back money for the arrangements made with Brunson Funeral Home. But we can do something about this so the next family won’t go thru what my family went thru. By putting regulations on these Funeral Homes hold them reliable. We need a Consumer Protector Fund that would reimburse the family if this happens. It’s already being done in South Carolina, Illinois, and Mississippi. Thanks You

The Board of Directors of the Assn of Independent Funeral Homes of Virginia is sympathetic to the family’s situation which resulted in their filing this petition.  The petition was generated by a family which indicated their grandmother had made preneed arrangements with a funeral home which closed prior to the passing of their grandmother and that subsequently the funds were not available.  According to public records, that same establishment appears to have received disciplinary sanctions by the licensing Board.   We note the petition provides no statement or evidence of a preneed contract ever being purchased.  If so, a copy of the trusting documents would have been provided and serve as a receipt.  It is incumbent on the consumer then to provide a family member with a copy of that document and maintain that information with documents such as wills and property titles.  Presumably, the family contacted the prominent insurance carriers which trust these contracts and was unable to document a preneed contract had indeed been paid.  Additionally, a review of the deceased financial records or credit cards would have listed to whom the payment was made, if at all.  It may be that the deceased made preneed arrangements but did not enter into a preneed contract agreement and as such, not paid in advance.

We note funeral establishments are inspected routinely by the State Board, and include extensive review of requirements for processing and maintaining preneed contracts and records.  Failure to comply should and does result in sanction against both the establishment and the funeral service licensee.  Such inspections by the State Board review for compliance that a copy of preneed contracts is provided upon payment, noting payment received, and the insurance carrier to contact should financial questions arise.

Had a copy of the executed preneed contract agreement been available, by law and regulation, it would have been transferable to another funeral home, and funds available for funeral services.

IFHV opposes the petition in that (1) inspection of preneed process and records at funeral homes already exists, (2) additional regulations on this issue are unnecessary and will increase the cost of funeral services to consumers, (3) the Courts are the proper authority to address allegations of financial impropriety, and (4) it is incumbent on the consumer purchasing such agreements to store such documents in appropriate places and to advise family members of the location of such.  Most important, there is no justification for additional regulations on this issue in that in that paid preneed contracts “trusted” or insured by a licensed and regulated insurance carrier are transferable to another funeral home.

We do recommend the Board consider allowing the State Board staff be permitted to suggest consumers contact one of the three Virginia funeral associations which may be in a position to provide some direction on issues which may arise.