State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_63A

§ 90‑210.63A.  Amendmentof preneed funeral contracts.

(a)        Unless otherwiseprovided by this Article, preneed funeral contracts may be modified by mutualconsent of the contracting preneed funeral establishment and the preneedcontract purchaser, or after the death of the preneed contract purchaser, thepreneed contract beneficiary or his or her legal representative.

(b)        When the preneedcontract purchaser and preneed contract beneficiary are the same, the preneedcontract purchaser may designate one or more individuals to change thearrangements or performing funeral establishment, or may designate that thearrangements or performing funeral establishment may not be changed without anorder from the clerk of superior court in the county where probate proceedingsare instituted upon a finding that the change is in the best interest of theestate.

(c)        If the preneedpurchaser, or after his or her death, the preneed contract beneficiary or hisor her legal representative, and the contracting preneed funeral establishmentagree to modify any goods or services selected under an inflation‑proofcontract, the preneed licensee shall not be required to guarantee the price ofthe modified goods and services at the time of death and all other funeralgoods and service selected shall remain guaranteed. If the modificationsincrease the purchase price, the provisions of G.S. 90‑210.64(b) shallapply as if the modified contract had been executed on the original date. Ifthe modifications decrease the purchase price, the preneed licensee shallrefund all monies according to the provisions of G.S. 90‑210.64(d). (2007‑531, s. 9.)