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Legal FAQ

Is embalming required?
In Pennsylvania, embalming is not required by law except in certain cases.

Must I buy an "outside container"?
Pennsylvania law does not require an "outside container". However, most cemeteries require that one is used. We provide "outside containers" at many price levels.

What is a "Statement of Goods and Services Selected"?
This is a form that must be completed by a licensed funeral director and signed by the person responsible for making the arrangements and payment of the expenses.

Is an urn or an urn vault required?
No, unless a cemetery requires one or the other. We can provide quality urns and urn vaults at reasonable prices.

Is embalming required for cremation?
Not in Pennsylvania except for certain situations.

A salesman showed me caskets, vaults, and a pre need payment schedule. What should I do?
Proceed with caution. Insist on seeing a funeral director license.

What is a GPL?
A General Price List is required to be given to every person before any arrangements or pre-arrangements are discussed. Insist on taking (and keeping) one.

How do I get a death certificate for a relative of mine who passed away?
Death certificates are issued through the Department of Vital Statistics. To have an application sent to you call (800) 842-5040 or write to Pennsylvania Department of Health, Division of Vital Records, P.O. Box 1528, New Castle, PA 16103-1528.

LIFE INSURANCE POLICIES

Traditionally, life insurance companies require only two documents to establish proof of claim: a claim statement (provided by the insurance company) and a certified copy of the death certificate. Your insurance company, however, may request further information or proof if they deem it necessary.

When filing claims, you may be required to provide the following information:

the original policy or signed statement stating the policy has been lost or destroyed
the policy number and face amount
the full name and address of the deceased
his/her occupation and date last worked
his/her date and place of birth and the source of birth information
date, place, and cause of death
claimant's name, age, relationship to the deceased, address, and Social Security number.
There are several ways of settling insurance claims. You may opt for a lump-sum benefit, or you may choose to have the money paid to you over an extended period of time. In the latter case, the bulk of money remains with the insurance company and generally gains interest. Check with your insurance agent, financial advisor, or attorney to find out which method is right for you.


Final Details: Necessary Papers
Before you can file for various benefits and take care of other financial matters, you will need to collect a variety of documents:

Death certificate. Available from your funeral director or county health department. Purchase at least a dozen certified copies of the death certificate. Most companies will want a certified copy, but use a photocopy when you can to save money.

Marriage certificate. Available from the county clerk where the marriage license was issued.

Birth certificates. For the deceased and any dependent children. Available at either the state or county public records offices where the person was born.

Social Security numbers. For the deceased, spouse, and dependent children.

Discharge papers. If the deceased was a veteran, you will need a copy of the discharge certificate. If you cannot find a copy, contact National Personnel Records Center, 9700 Page Boulevard, St. Louis, MO 63132-5200 (Send it to the attention of the branch in which the deceased served).

Original Will. The lawyer who wrote the will may have it. Or, it may be with the personal belongings of the deceased or in a safe deposit box. Some banks have special procedures before letting anyone into the safe deposit box.

List of property. A complete list of what the deceased owned including real estate, stocks, bonds, bank accounts, deeds, and personal property.

Recent income tax returns. If you cannot locate a copy of the most recent income tax return, you need to fill out IRS Form 4506. You will need to attach documentation that you are authorized to act on behalf of the deceased, such as letters from the probate court.

Legal Information/Probating a Will

Perhaps one of the most important tasks you now face is the disposition of a loved one's estate. Whether or not the deceased had a will can make a greater difference in the time and effort involved in the proper disposition. It is suggested that you obtain legal advice on the array of different matters such as the disbursement or conversion of assets, changing of property deeds and titles, the disposition of bank accounts, stocks and bonds, and the disposition of business assets.

If you do not have an attorney, now is a good time to find one. The best methods of finding an attorney are through friends and relatives, or by calling your local bar association. If your loved one had a will, it will need to be probated. Probate is the legal procedure for the orderly distribution of estates. In most cases, probating a will is a simple process. Only in the instances where the will is being contested or the deceased had numerous holdings will the action be more complex. There is usually a specific time within which a will must be probated, so it is important to check carefully.

If there is no will, the estate will be disposed of according to the state laws governing descent and distribution.

Preparation and or review of your own will is also an important consideration at this time. It is the best way to assure that your estate is handled according to your desires.

Life Insurance Information

Traditionally, life insurance companies require only two forms to establish proof for a claim; (1) a statement of claim, and (2) a certified copy of a death certificate. Please remember that this is a general statement. Your insurance companies reserve the right to request further information or proof that they deem necessary.

When filing a claim form, you should have available the following information:

1. The policy number(s) and the face amount.
2. The full name and address of the deceased.
3. His or Her occupation and the last date worked.
4. His or her date and place of birth and the source of the birth information.
5. Date, place, and cause of death.
6. Claimant's name, age, address, Social Security Number, and date of birth.

Financial and Credit Obligations

You will want to gather all the bills together and make sure you are aware of all the credit obligations of the deceased. Many installment loans, service contracts, and credit cards accounts are covered by credit life insurance, which pays off the account balance in the event of the death of a customer.

You should contact any financial institution where the deceased had a loan, and inform them of the death. They will be able to inform you if the loan was covered by credit life, and what needs to be done to file the appropriate claim. A certified copy of the death certificate is often required to file a claim.

You will also want to contact credit card companies to notify them of the death. If the card is jointly held, find out what documentation is required to change cards into the survivor's name. Ask the credit bureau to assist you in transferring your loved one's credit into your name. They may be able to assist you in determining any outstanding obligations of the deceased.

Make a prompt request for the release from each bank in which the deceased and you held a joint account. This is necessary before you can withdraw funds from that account. A bank will usually stop payment on all checks as soon as a death notice is published. The bank must also have the account cleared by the state tax authorities.

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