Maine cremation and prepaid funeral rights

Maine crematories operate under a license from the Department of Health and Human Services. A body may not be cremated within 48 hours after death unless the person died of a contagious or infectious disease. No cremation may take place until the person in charge has received a certificate from a medical examiner or medicolegal death investigator stating that further examination or judicial inquiry into the cause and manner of death is not necessary. The certificate fee is $25, payable by the person requesting it, and the Chief Medical Examiner may waive it. Ask the funeral home when the certificate is expected. [1]

The certificate, a certified copy of the death certificate and a burial transit permit are sufficient authority for cremation when presented by the authorized person, and the crematory may not refuse solely because those documents are presented by that person. Remains must be taken to a crematory in a casket or other suitable container, and the crematory must label the container of cremated remains with the person’s name. Ask whether a simple container is acceptable for your arrangements. [1]

Money paid in advance in Maine for funeral services or goods must be deposited by the payee within 10 days after receipt in a separate account at a financial institution or credit union, in the payee’s name as mortuary trustee for the person the payment benefits, and held there together with any interest. Within 30 days after the deposit, the institution must send the payor written confirmation of the amount deposited. On written instructions from the payor or the payor’s legal representative, the funds may be moved to another institution or directed back to the payor, if otherwise lawful and permitted by the contract. Ask for that confirmation if it does not arrive, and ask what your contract says about getting the money back. [2]

The agreement must be in writing, and the payor must receive a copy when it is signed. It may be revocable or irrevocable; an irrevocable agreement must allow the account to be transferred by appointing successor trustees. The agreement must state any fees, which must be reasonable as defined by the licensing board and may be charged only on transfer to a successor trustee, on revocation of a revocable agreement, and for the actual financial and tax administration of the account. Ask what fee would apply if you revoked or transferred your agreement. [2]

Plans funded through life insurance follow separate subsections of the same law, which do not alter the terms of the insurance policy. The prepaid funeral rules do not apply to the sale of cemetery lots, crypts, niches, burial privileges, cemetery space or perpetual care. Ask whether your plan is a trust account or an insurance policy. [2]

Pre-need money paid to a cemetery or crematory for services or property to be delivered at or after death, such as cremation fees, grave opening and closing charges and inscription of death dates, must be placed in a cemetery or crematory trust account. A full refund of the principal must be made on written request of the payor, the payor’s attorney-in-fact or personal representative, but interest stays with the payee, and the payee may not charge an administrative fee. The rule does not cover lots, monuments, crypts, urns, niches, vaults, liners and similar property once title and possession have passed to the buyer. Ask for the signed trust agreement. [3]