Money in an irrevocable prepaid burial contract with a funeral home cannot be withdrawn. The prepaid burial contract must show that the contract is irrevocable.
The exempt amount is limited to the price of funeral goods and services to be provided upon death as specified in the contract. The contract must include a complete description of the funeral goods and services to be provided, and the price of those goods and services. Treat any amount not specified in the contract as a transfer for less than fair market value.
Exempt $6,050, adjusted annually for any increase in the Consumer Price Index (CPI), in an irrevocable prepaid burial contract. In addition to the $6,050 prepaid burial limit for an irrevocable contract, also exempt all amounts designated for burial space, regardless of value (as defined in PM 07-02-09). Apply any remaining amount to the client's resource limit.
Do not reduce the $6,050 burial fund limit on an irrevocable prepaid burial contract by the face value of life insurance owned by the person.