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In April, I signed a Irrevocable Pre burial trust with local funeral home using a check from dad's bank account and the cash out check from dad's life insurance in order to spend down for Medicaid eligibility. He was accepted.
It is July and I found out the funeral home has not set up the trust but did cash check from dad's account and held on to cash out insurance check. They said it got lost in paperwork. I am uncomfortable with their actions and have told them so. Can I demand my father's money back...and get it? Also will their actions affect dad's continued Medicaid care?

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I don’t know. I suppose that you may shake them up if you have an attorney write them a letter inquiring about the circumstances.

Best wishes to you and your family.
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Have they agreed to set up the trust immediately?

If they don't this right, I would contact the Pennsylvainia Attorney General and whatever consumer regulatory agency governs funeral homes in your state.

Send all correspondence by mail with a return receipt requested so that you have proof that the mail was received and by whom.
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Contact the district attorney's office and ask what steps to take.
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I'm confused as to what got lost - the "trust"?  Regardless, I would contact authorities as well, and you might want to consider researching to determine if this particular funeral service is a member of professional organization of funeral homes.   If so, contact them.  I doubt they would want someone tarnishing their profession to be involved.

You might also do litigation checks in the local county offices to see if others have experienced similar situations.  If so, I think the local tv news stations would find this an interesting and enlightening news clip, as well as providing warning to others who might be in similar situations.

BTW, how did you find this particular funeral home?   Was it holding "meetings" at care facilities?   Did it solicit you?
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I live in a small town so Funeral director knew me and my family. The trust was not thru the Funeral home it was actually a separate company. I was given the paperwork the day I made the pre-arrangements for Moms funeral.
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