FAQs

A preneed funeral trust is a legal arrangement in which funds are set aside during a person’s lifetime to cover the costs of their future funeral and burial expenses.

The individual (the trustor) enters into an agreement with a funeral home or funeral director to prepay for funeral goods and services. The funds are typically placed into a trust account where they are held until the time of need.

Yes, preneed funeral trusts are regulated by the West Virginia Attorney General’s Office. The West Virginia State Board of Funeral Service Examiners also has specific laws in which funeral homes and funeral directors must comply with to ensure the proper handling and safeguarding of preneed funds.

By prepaying for funeral expenses, individuals can alleviate financial burdens on their loved ones and ensure that their wishes are carried out according to their preferences. Additionally, preneed funeral trusts can protect funds from inflation and Medicaid spend-down requirements.

In West Virginia, preneed funeral trusts may be revocable or irrevocable, depending on the terms of the agreement. Revocable trusts allow the trustor to make changes or cancel the agreement, while irrevocable trusts cannot be altered once established.

West Virginia law requires funeral homes to place preneed funds into trust accounts or purchase insurance policies to ensure that funds are protected in the event of the funeral home’s closure. These safeguards are designed to reimburse consumers or transfer their contracts to another funeral provider.

Any remaining funds in a preneed funeral trust after the funeral expenses have been paid are distributed according to the terms of the trust agreement, these funds are refunded to the trustor’s estate or designated beneficiaries.

Individuals interested in preneed funeral trusts should consult with licensed funeral homes and funeral directors. In West Virginia, the West Virginia Preneed Funeral Trust is available to funeral homes who are participatory members of the West Virginia Funeral Directors Association. The West Virginia Funeral Directors Association and the West Virginia Board of Funeral Service Examiners can provide information and guidance on preneed funeral trusts.