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Dear Ms [redacted] :I am the Location Manager and Funeral Director in Charge ("FDIC") for Goetz Funeral Home (the "Funeral Home") and write to you in response to the above referenced complaint made by Ms [redacted] ***I appreciate the opportunity to respond to the complaint and provide some clarification which may be helpful.As background, on October 3, 2013, Ms***, as [redacted] , executed a Trust Funded Prepaid Funeral Benefits Contract Number [redacted] (the "Contract") for cremation with the Funeral HomeThe Contract is to be used for the benefit of her mother, Mrs [redacted] , at Mrs [redacted] ' time of needAs stated on the Contract under (A) GUARANTEED SERVICES & MERCHANDISE, the services and merchandise specifically contracted for are guaranteed to be delivered at Ms [redacted] ' time of needThere are specific items on the Contract under (B) NON-GUARANTEED CASH ADVANCE ITEMS that are considered as cash advance items and are not guaranteedThis information is also explained in detail on page of the Contract under General ProvisionsThe funds paid on the Contract are required to be placed in a trust account in a Texas Department of Banking approved financial institutionThe funds paid on the Contract are placed in a trust account to ensure that the funds will be there for Ms [redacted] at her time of needI will be happy to arrange a meeting with Ms***, via telephone or in person, to discuss in more detail and to answer any other questions Ms [redacted] may have pertaining to the Contract.I apologize for any confusion or misunderstanding Ms [redacted] may have regarding any other documents required to be signed by her or her motherTexas law allows a beneficiary of a preneed contract to self-authorize his/her own cremation before need by executing a Self-Authorization for Cremation and DispositionThe Self-Authorization for Cremation and Disposition is not required to be completed by the beneficiary prior to need, but is available if the beneficiary is willing and able to execute the document prior to needI understand that there were several revisions made to the Contract related to the finance charge, total of payments and total sales priceThe sales counselor is no longer with the Funeral Home, but after my review of the Contract, it seems there may have been an errors made when calculating the finance charge, total of payments and total sales priceI believe revisions were also made when Ms [redacted] paid off the total sales price earlyAt that time, the revisions were made to reflect the charges for the early payment in full and to calculate the amount of the finance charge to be refunded to Ms***The Funeral Home received payment in full in the amount of $1,on February 5, The total amount due was paid off early and a refund of $was paid to [redacted] Eldridge via check number dated February 20, This refund amount represents the portion of the finance charge Ms [redacted] was entitled to receive due to paying off the total sales price earlyMs [redacted] alleges in her complaint that she inquired into cancelling the Contract so that she could receive a refund of the full amount paidThe Funeral Home believes the Contract was made irrevocableWhen a contract is made irrevocable it cannot be cancelled and no funds paid can be refunded to the purchaserNormally, a contract is made irrevocable so that the beneficiary may qualify for Medicaid or some other social services programIt is my understanding that Mrs [redacted] is currently in a nursing home which may suggest that she may be a recipient of Medicaid or another social service program which required the Contract to be made irrevocable prior to qualifying for Medicaid and/or the other social service programI will be happy to discuss this matter in more detail with Ms [redacted] at her convenience.I trust this has been responsive to the complaint made by Ms***Again, we regret any misunderstanding or miscommunication that may have occurred regarding the Contract and Ms***'s previous conversations with the Funeral HomeMy contact number is [redacted] if Ms [redacted] would like to arrange a meeting or discuss any further concerns she may have

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