When a prepaid funeral plan is not honored

Florida calls these preneed contracts and regulates them closely.

Call (305) 209-0384 Read the questions first ↓

Read the questions first

• Can we cancel a preneed contract?
• The funeral home changed owners. Is the contract still good?
• They say the plan does not cover everything. What should I check?
• How long do I have?

What Florida law says

• Money held in trust. A seller who receives money on a preneed contract must deposit a set portion of it in trust (§ 497.458(1), Fla. Stat.). Some preneed contracts are funded by insurance instead (§ 497.456(2)).
• Cancel within 30 days. A buyer may cancel in writing within 30 days of signing and receive a complete refund, except for anything already used (§ 497.459(1)).
• Cancel later. After 30 days, a buyer may cancel the services, facilities, and cash-advance portions in writing at any time, with a full refund of the price for those items. Merchandise has its own rules (§ 497.459(2)). Some contracts made irrevocable for public-benefits reasons cannot be canceled (§ 497.459(6)(a)).
• Refund on breach. If the seller breaches the contract or fails to provide the funeral merchandise or services, the buyer is entitled to a refund of all money paid, within 30 days after the seller receives a written request (§ 497.459(4)).
• Clear contract terms. The contract must itemize charges and show, on the signature page, the purchase price, the amount to be trusted, the refund amount on cancellation, and the 30-day cancellation right (§ 497.468(5), (7)).
• Honor the contract. Failing without reasonable justification to timely honor contracts, failing to honor cancellation requests and make required refunds, and misrepresenting prepaid contract terms are grounds for discipline (§ 497.152(10)(d), (13)(a), (b)).

What the law may provide

Florida lets any person bring a civil action against a person or company that violates Chapter 497, for actual damages, punitive damages as the common law allows, and other relief (§ 497.169(1)). A family may also have breach-of-contract claims. If a family wins a civil case over a Chapter 497 violation by a licensed preneed entity or sales agent, the court may order the seller to pay the family's reasonable attorney's fees and costs (§ 497.169(2)). Fee rules can affect both sides in a lawsuit; we explain them before filing.

What to keep and request

• The preneed contract and every page signed.
• Proof of every payment: checks, statements, receipts.
• Any trust, insurance, or annual statements.
• Every notice of a sale, transfer, or new owner.
• Any new contract the family was asked to sign at the time of death.
• Your written cancellation or refund request, and proof of the date it was received.

The deadline

Two years. Florida law gives a negligence claim two years (§ 95.11(5)(a)). Some claims may carry a longer period, but no family should bet on that. We treat two years from the day it happened as the deadline in every case, and you should too. If you only just found out, call anyway: when the clock started is a question we answer case by case.

What to do first

Find the original contract and payment records before signing anything new. Make any cancellation or refund request in writing and keep proof of delivery. See What to do right now. If the business has closed, see Closed or abandoned funeral homes.

Questions families ask

Can we cancel a preneed contract?

Usually, yes. Within 30 days of signing, Florida allows a complete refund for anything not used. After that, the services, facilities, and cash-advance portions can be canceled at any time for a refund of those items, and merchandise follows separate rules. Refunds are due within 30 days after the written notice is received.

The funeral home changed owners. Is the contract still good?

Florida requires a preneed trust fund to be held intact, and keeps state oversight, even after a preneed licensee becomes inactive. Who must honor the contract after a sale depends on the documents, so we review who is responsible now.

They say the plan does not cover everything. What should I check?

Compare the original itemized contract with what you are being charged now. Florida bars misrepresenting prepaid contract terms and charging fees that were not disclosed.

How long do I have?

Two years from the day it happened is the deadline we use in every case. A refund request starts its own 30-day clock, so send it in writing now.

Talk to Dennis

When you are ready, call or send a WhatsApp message, in English or Spanish. The office answers 24 hours.

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