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Can Greenlawn Cemetery keep my money despite a no refund policy?

Can Greenlawn Cemetery keep my money despite a no refund policy?

Q: How long do you have to pay for a grave?

The timeframe for paying for a grave can vary depending on the cemetery's policies and the type of contract you enter into. Some cemeteries may require full payment upfront, while others may allow installment payments over a specified period. Always review the terms of your contract for specific payment deadlines and options.

Full question:

I have a contract with Greenlawn Cemetery, for preneed service. I have paid them as of now $616.00. I no longer can afford this, so I asked for my money to be returned, but they said they have a no refund policy. I was under the impression that the money was held in trust and was not the cemeteries money untill I used there services. Can they keep my money?

Category: Contracts
Date: 04/07/2025
State: Wisconsin

Answer:

The ability to get a refund depends on the type of contract you signed. Some contracts are irrevocable, meaning they cannot be canceled, while others allow for limited revocation. In Wisconsin, you can revoke a contract and receive one hundred percent of the funds paid, plus accrued interest, except for the portion that is irrevocable.

Wisconsin law regulates preneed contracts, requiring that the funds be placed in trust until the services are needed. According to Wisconsin statute 445.125, all payments made under these agreements are trust funds until the death of the person for whom the services are intended, unless the funds are released upon demand by the depositor with written notice to the beneficiary.

If you believe the cemetery is not complying with the contract terms, you can file a complaint with the state licensing board or seek local legal counsel.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens to cemeteries once they're full?

When a cemetery reaches capacity, it typically cannot sell any more burial plots. The cemetery may then choose to expand by acquiring additional land or converting existing areas for new burials. Some cemeteries may also offer cremation services or memorialization options instead. Regulations vary by state, so it's important to check local laws regarding cemetery operations and land use.

How long do you have to pay for a grave?

What is a preneed contract?

A preneed contract is an agreement made in advance for funeral or burial services. This contract allows individuals to pay for these services ahead of time, often locking in prices and ensuring that their wishes are met. Preneed contracts are typically regulated by state laws to protect consumers and ensure funds are held in trust until needed.

What is a burial contract?

A burial contract is a legal agreement outlining the terms and conditions for burial services, including the purchase of a burial plot, casket, and other related services. This contract specifies the rights and responsibilities of both the purchaser and the cemetery. It is important to understand the details of the contract, including payment terms and refund policies.

What happens if you can't pay to bury someone?

If you cannot afford to pay for a burial, there are options available. Some states offer assistance programs for low-income families. Additionally, local charities or religious organizations may provide support. In some cases, the state may handle the burial for unclaimed bodies. It's important to communicate with the funeral home or cemetery about your financial situation.

What happens if you don't pay cemetery?

If you fail to pay for cemetery services or a burial plot, the cemetery may take action to collect the debt. This could include charging late fees or initiating legal proceedings. Additionally, unpaid balances may result in restrictions on services or the use of the plot. It is advisable to discuss any payment difficulties with the cemetery to explore possible solutions.