FREE Funeral Service MCQ Questions and Answers
A "wrongful act" by a person is one for which the affected party may file a civil lawsuit to recover damages because of the following:
Explanation:
A tort occurs when a person takes a wrongful action against another person or property and is a civil law matter. As it relates to mortuary science, mutilation inflicts bodily damage or injury on a person or animal by removing or destroying body parts. Obstruction occurs when a person or a situation creates an impasse or hinders someone from doing something. Replevin is an action to pick up goods or property by somebody who claims to own them and promises to have the claim later tested in court. It does not apply to human remains.
The Federal Trade Commission (FTC) is responsible for enforcing several provisions of the Funeral Rule. Restrictive measures and mandatory disclosures are some of them. The funeral director is expected to give the customer the following information at the outset of a face-to-face discussion with the public regarding the choice of funeral goods or services and their costs:
An insolvent estate has insufficient assets to cover all liabilities, taxes, and expenses. The state statute is in charge of deciding which of these claims has priority. However, in the majority of nations, the order of claim priority is as follows:
Explanation:
The Federal Trade Commission (FTC) is a government agency created to promote consumer protection and fair competition and prevent anti-competitive commerce practices. The ICCFA is a national trade association for funeral homes and cemeteries and serves as a resource for cemetery/funeral service professionals and the public. OSHA is the Occupational Safety Health Administration and is a government agency created to prevent work-related injuries, illnesses, and fatalities by issuing and enforcing standards for workplace safety and health. The NFDA is the National Funeral Directors Association. It is not a government agency but a trade association for funeral directors. It serves as a resource for funeral service professionals and the public.
An estate of a deceased individual with insufficient assets to cover its debts, taxes, and administrative costs is considered insolvent. The state statute is in charge of determining these claims' order of priority. However, in the majority of states, the order of claims' priorities—from highest priority to lowest—is as follows:
Explanation:
In most states, the funeral expenses of the deceased take top priority. This claim is immediately followed by the administration fees for settling the estate. Taxes come last. Taxes are not a preferred claim expense over the deceased's funeral expenses in most states. Medical bills owed do not supersede taxes or funeral expenses in most states. Administration expenses are prioritized less than funeral expenses and taxes in most states.
A will is a document used to organize the distribution of real and personal possessions after death. Which of the following must occur for a choice to be enforceable?
Explanation:
This requirement must be met for the will to take effect after the individual's demise. A well completed by a minor who dies while still a minor is not recognized as a legal will. A codicil is a formal addition to a choice, but it is not a requirement for an alternative to taking effect. The legatee is the person who is to inherit the personal property specified in the will. Intestacy is the condition that occurs when a person dies and has no choice.
What type of custody is deemed to be held by the person with the power and responsibility of final disposition, who may or may not be in "actual" charge (physical possession) of the deceased at a specific time?
Explanation:
Constructive custody in funeral service is the term applied to the custody rights that supersede actual custody rights, including the right of a party to control the disposition of the deceased. The person with actual custody may sometimes be a third party (such as a livery or public carrier), but someone else would always maintain constructive custody. Caveat emptor is Latin for “let the buyer beware.” Consignment refers to merchandise shipped to an agent or a customer. It does not occur as a result of an actual purchase but under an agreement obliging the consignee to pay the consignor for the goods within a certain period once the merchandise is sold. Endowment refers to a permanent fund of property or money established to benefit an institution or person. An example is the sale of the perpetual care cemetery property.