Iowa Department of Public Health
Bureau of Professional Licensure
Lucas State Office Building
Des Moines, Iowa 50319-0075
Date :2nd of March 2010
Complaint against: Janice Railsback / Christy Smith Funeral Home
Nearly four years ago my husband and I went to the above named funeral home to
prearrange our funerals, not because we were concerned about Medicaid eligibility but to do the responsible thing in preparing for our own deaths and relieve our children from this burden. The total price for what we picked out came to about $7,000 each for a total of $14,000 or so.
We did not have that kind of money to pay for it all at once and were told we could make payments toward an insurance policy to cover us. After some discussion, a monthly payment of $230.83 was settled on, and we signed the papers the funeral director handed us, feeling sure he had our best interests at heart.
- At no time were we told that a trust was an alternative to insurance and that a trust can be built with multiple payments also.
- We were never given the pros and cons of each funding vehicle or given a choice for which funding we might prefer to use.
- At no time were we informed that the funeral director would receive a commission for selling insurance instead of a trust, an obvious conflict of interest on his part, of which we were unaware at the time.
- At no time were we informed of what the total financial obligation would be with the installment plan for insurance or how that might compare to the actual funeral costs. If a “ten year payment plan” was mentioned, we assumed we had ten years in which to pay the $14,000 we thought was due, not double that amount.
- At no time were we informed what the consequences would be if we could no longer maintain the rate of payment we initially thought we could handle or if we simply wanted to change our funeral plans to something more modest.
- We felt intimidated by the funeral home to initial the “irrevocable” part. We are not eligible or applying for Medicaid now or any time in the foreseeable future, but were warned the state could attach our bank accounts and our house if we didn’t sign.
After sending more than $11,000 to Homesteaders Insurance over the past four years, we recently decided to see what the exact balance due would be. The funeral home told us to call the insurance company. We were shocked to learn from Homesteaders that we hadbeen locked into a 10-year payment plan at the rate of $230.83 a month. At that rate, we would have to pay $27,699.60, about double of what the actual funerals would cost.
If we stop paying on this plan now, we get $6,000 back, not the $11,000 that we’ve paid. We have lost over $5,000 of our funeral money because of this scheme.
We are filing this complaint against Janice Railsback/ Christy Smith Funeral Home
because we believe the staff have violated the following Iowa laws by failing to give us
informed consent to this transaction:
147.55 Grounds.
A licensee's license to practice a profession shall be revoked or suspended, or the licensee otherwise disciplined by the board for that profession, when the licensee is guilty of any of the following acts or offenses:
1. Fraud in procuring a license.
2. Professional incompetence.
3. Knowingly making misleading, deceptive, untrue, or fraudulent representations in the practice of a profession or engaging in unethical conduct or practice harmful or detrimental to the public.
156.9 Revocation of license to practice mortuary science. . .We are not asking for a revocation of any license. As a remedy to our complaint,
2. In addition to the grounds stated in sections 147.55 and 272C.10, the board may revoke or suspend the license of, or otherwise discipline, a funeral director for any one of the following acts:
a. Knowingly misrepresenting any material matter to a prospective purchaser of funeral merchandise, furnishings, or services.
however, we are asking that the funeral home arrange for the return of all prepaid funeral funds to date including interest.
Sincerely,
Donald V Zeman
Gayle A Zeman
cc: Christy Smith funeral home
cc: Attorney General’s Consumer Protection Division
cc: Graham Cook, Homesteaders Insurance
cc: Dennis Britson, Iowa Insurance Division
cc: Iowa Funeral Directors Association
cc: Lisa Carlson, Funeral Ethics Organization
cc: Joshua Slocum, Funeral Consumers Alliance
cc: AARP of Iowa
cc: Des Moines Register
If you buy a car...you may pay in full OR over a period of time. Simply put, pay it in full, pay over time (but pay more) or pay at the time of death.
You cant have it both ways in Iowa or anywhere else. Just the facts Ma'am.
See you in the Bahamas.
How would you like to pay $13,000.00 for basic funeral services which is inflated beyond the normal cost for funeral services. On the day of my mother's death I sought a funeral service to collect my mother's remains from the hospital and on the same day I began to put into place funeral services. This was a big mistake because I did no know that needed badly to research the process of putting a service in place so that I would not have been so severely ripped off by the funeral director. I had the misfortune of choosing the Marion Graham Mortuary Services, north side location in Jacksonville, Florida. In that 1st meeting I was directed by the funeral director to provide the order of services, the obituary for the newspaper announcement, the obituary for the service bulletin, pictures to be used (four pictures provided), and all information that would be used to develop the bulletin and announce the death of my mother properly and in a respectful manner. I was told to have this information to give to the director on December 21st by 2:00 PM. I did this. Each day after the 21st I asked for a proof of the bulletin since the funeral was to be held on 24th Christmas eve.
I met with the director on the 21st 22nd, and the 23rd. Each day I asked for the proof/bulletin each day I was told that I would get it the following day. Upon the day of the funeral my family and I were told minutes before the service that there was no bulletin to be had. I was literally pulled from the funeral limousine, (after being picked up late) and told that there had been some problem, (never clearly explained) that prevented the bulletin being provided. This of course was a major problem and made it impossible for the funeral to go smoothly since we had not guide and no keepsake for the attendees. Many were out of town friends and family members who I have since had to mail the late bulletin out to at a cost of $1.08 each, and hand deliver the bulletin to those living throughout Jacksonville. The following is a time line of all that went wrong with the handling of the funeral:
12/20-meeting for funeral services insurance papers, cemetery deed provided.
12/21-meeting to pay the balance for the funeral services that were not covered by insurance which included inflated cost of $950.00 for embalming ( normally the average cost is $400.00) and the cost of basic services $2,750.00, (normally the average cost of $1,400.00). No picture was given to the local newspapers for the obituary.
12/21-12/23 No bulletin
12/23 arrived at 4:00 PM to review my mother remains before the public wake at 5:00 PM as directed to assure that she was respectfully presented with clothing that I had provided. My mother had blue and red marks on her arms that were a result of her hospital stay and that had not been covered by make up, I had to cover these marks with make-up I had in my purse, her nail polish was chipped and I had to ask that it be re-done, and in place of the pearls that I had provided for her to wear their was a piece of material around her neck and the pearls were simply laying to top of the material unclasped. It looked very shabby. I removed the pearls and tucked in the material after I was told the reason for the material was to cover a button on the suit that had some problem (?). even though when I delivered the suit it was in perfect condition. In a later meeting, 12/24 I would be told that there a spot on he suit, (story changed). On the 28th I spoke up to say that I notice that My mother's neck area seemed larger than the size of neck was at the time of death since she only weighed about 98 pounds. The material was used to cover up what appeared to be a mistake in adding too much fluid to her neck area. So the overpriced embalming job did not appear to be done well.
12/24-late pick up by limo service , director not there until 9:45 AM service to begin at 10:00 AM
These are some of the major problems I faced for a funeral that should have only cost between $7,500.00-$9,000.00 dollars not $13,000.00 for what I feel was very very poor services. The professional acumen was lacking on every level and the director appeared to have little remoerse and concern for all the mental grief he cause during a very sad time in my life. We were not given the bulletin until 12/24 at 2:00 PM a week after my mother's death, and three days after her funeral services. And there is a typographical error in the final bulletin.
These services did not include courtesies such as thank you cards for the family to send out to those who sent cards and flowers, no bible, and to date I have not received the Death certificate which was paid for with the initial $`13,000.00.
I am also not sure that the vault that was paid for is the same vault that was used at the grave site.
So to all that read this complaint please go on the web to research funeral cost, state recommended cost and get at least three price ranges before settling on a particular mortuary service. Since I had to wait for the bulletin and am still waiting for the death certificate I have had the opportunity to educate myself, after the fact.
I feel the Graham Mortuary service and director took advantage of me during the saddest time I have ever faced in my life , the death of my mother. Be ware of the Marion Graham Mortuary North Side and any funeral service you feel may overcharge you for a simple (no bells and whistles) service.