SI BOS01130.420 Prepaid Burial Contracts

A. Policy

You must consider state laws when determining whether a prepaid burial contract is a countable resource. The information below pertains to the laws of the states in the Boston region.

B. Procedure

1. Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont

The existing laws in all of the New England States provide that a contract may be either revocable or irrevocable. Examine and evaluate the contract. The contract should provide the necessary information to determine the ability of the owner to revoke or liquidate it.

See SI BOS01130.420B.2 and SI BOS01130.420B.3 for additional instructions pertaining to Connecticut and Maine.

2. Connecticut - maximum amount considered irrevocable

The maximum monetary amount in a burial contract that may be considered irrevocable in Connecticut is $5,400.00, effective July 1, 1997. From 1989 through June 30, 1997, the maximum was $4800.00. (No other New England State imposes a maximum.)

3. Maine - contracts entered into on or before September 17, 1999

In accordance with a 1961 Attorney General's Opinion of Maine law, a contract will be irrevocable as a matter of law if:

  • the money has been paid after September 12, 1959; and,

  • the money was paid pursuant to an agreement that service be performed in connection with the disposition of the SSI applicant's/recipient's body after death.

In making a determination about a contract, obtain a copy to see if it meets the required conditions. If it does, the funds are not a resource and no additional development is necessary. It is not material whether the contract states it is revocable, irrevocable, or is silent on that issue.

Beginning with contracts entered into on or after September 18, 1999, SI BOS01130.420B.1 applies.

C. Reference

SI 01130.420 Prepaid Burial Contracts


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0501130420BOS
SI BOS01130.420 - Prepaid Burial Contracts - 03/01/2013
Batch run: 03/01/2013
Rev:03/01/2013