Pre-planning a funeral in Texas.

The two parts of pre-planning, and why they’re different

The phrase “pre-planning” usually means two different things. Confusing them is the source of most of the regret families later report.

Part 1: Documenting wishes (free, no contract)

Writing down what you want is something any adult can do, today, with no signing and no payment. A page in a notebook is enough. The legal weight of a written directive in Texas is high: under Tex. H&S Code § 711.002, your written instructions outrank the default order of next-of-kin priority for who controls disposition. If you write down that you want cremation, your spouse cannot legally override that choice.

The documents we recommend every adult keep:

• Appointment of Agent to Control Disposition of Remains (Texas statutory form under H&S Code § 711.002(b)).
• A written statement of preference: burial vs. cremation, religious specifics, scattering instructions if applicable.
• A list of who should be contacted at the time of death, in priority order.
• Your VA DD-214 if applicable, kept somewhere your family can find it.
• A list of financial accounts, insurance policies, and your password manager master credential, kept separately from the appointment document.

None of this requires a funeral home. We will help any DFW family fill out the appointment-of-agent form during a free consultation, and we will give you the paperwork to keep — there is no fee, no signing of a contract with us, and no obligation to use our services later.

Part 2: Pre-paying through a pre-need contract (regulated, optional)

Pre-paying for a funeral in advance is governed by Texas Finance Code Chapter 154 and administered by the Texas Department of Banking. Pre-need contracts must be held in a state-supervised trust or backed by an irrevocable insurance policy assigned to the funeral home. Each pre-need permit holder files audited reports with the state every year.

Pre-paying can:

• Lock in today’s pricing against future increases (subject to the contract’s inflation provisions).
• Move the financial decision out of the next 48 hours after a death, when families are least equipped to make it.
• Spend down assets in a way that is excluded from Medicaid nursing-home eligibility calculations, for irrevocable contracts only.

Pre-paying is not for everyone. A pre-need contract is a financial product with its own rules around cancellation, transfer, and refund. Read the contract before signing; we can walk through it with you.

What we cover in a free pre-planning conversation

A free informational consultation usually takes 45 to 60 minutes. We do not sell anything during it. The conversation covers:

1. Your preferences. Burial or cremation; religious specifics; the kind of service, if any; cemetery preferences; scattering instructions; what you want said and not said.
2. Cost estimates in today’s dollars. So you know what your eventual funeral is likely to cost — direct cremation, memorial cremation, or traditional funeral with burial — and can decide whether pre-paying makes sense for your family.
3. The appointment-of-agent form. We help you fill out Texas’s statutory form and explain how to file it. You keep the document; we keep a copy on file at your request.
4. Veteran benefits, if applicable. What the VA covers, what it doesn’t, what paperwork to keep.
5. Family logistics. Who should be called, in what order, and what they will need to do in the first 24 hours.
6. If you decide to pre-pay: We walk through how the trust works, what the contract says, and (until our own permit issues) how the licensed third-party trustee handles the funds. We do not pressure you to sign anything.

How Texas pre-need trust money is protected

Under Tex. Fin. Code §§ 154.151–154.155, pre-need contract funds in Texas must be:

• Deposited into a state-supervised trust within 30 days of payment.
• Invested in low-risk vehicles (insured bank deposits, U.S. government securities, or comparable).
• Audited annually by an independent CPA, with reports filed to the Texas Department of Banking.
• Cancelable by the consumer with a refund of the trust principal (less any service costs incurred) at any time before the at-need use of the contract.

This is one of the more rigorous state frameworks in the United States. The risk of the funeral home itself failing is largely mitigated because the funds are not the funeral home’s — they are held in trust under state supervision. The consumer protections are real.

Practical pre-planning checklist (printable)

If you want to do the free part of pre-planning this week without calling anyone, here is the minimum:

That’s 50 minutes. None of it requires us, and none of it costs anything. We mention it because the largest gift you can give your family is doing it.

Religious and cultural considerations in pre-planning

Catholic

Pre-planning is permitted and increasingly common in the Diocese of Dallas and Diocese of Fort Worth. The Catholic Church permits cremation but prefers interment of cremated remains in a sacred place (cemetery niche or columbarium), not scattering. Document your parish, preferred priest, and whether you want a vigil rosary, funeral mass, or graveside committal at a Catholic cemetery.

Islam

Islamic tradition emphasizes burial as soon as possible, ideally within 24 hours. Pre-planning is permitted in Islamic jurisprudence and is increasingly encouraged for elderly parents specifically because at-need logistics under the 24-hour preference are difficult. Document the masjid you want to coordinate with, whether you want ghusl at home or at the masjid, and which DFW Islamic cemetery you want.

Judaism

Orthodox and Conservative tradition prefers burial within 24 hours and prohibits embalming and cremation. Reform tradition is more flexible. Document your synagogue, the Chevra Kadisha you want to perform tahara, the cemetery, and (for Orthodox families specifically) the plain wooden casket preference. Pre-planning is permitted in all branches of Judaism.

Hindu, Sikh, Buddhist, Jain

Cremation is required or strongly preferred. Document the temple or gurdwara to coordinate with, whether you want family-witnessed cremation, antyesti or specific rites, and whether asthi visarjan (immersion of ashes in the Ganges) or Texas-river immersion is planned. Pre-planning is increasingly common in DFW South Asian communities and reduces the difficulty of arranging witnessed cremation under time pressure.

Bilingual Hispanic Catholic

Document your preferred parish (Cathedral Shrine of the Virgin of Guadalupe and many other DFW parishes offer bilingual masses), whether you want velorio and rosario across the nine days, and the cemetery. Pre-planning in Spanish with bilingual staff is part of what we offer at no charge.

Frequently asked questions

Does a free informational consultation obligate me to anything?

No. The free consultation is informational. You leave with documents you can keep — a filled-out Appointment of Agent form (Texas H&S Code § 711.002), a written summary of your preferences, and a list of what to keep where. We do not collect deposits, do not sell contracts during the conversation, and do not call you again unless you ask us to.

What is the legal weight of a written disposition directive in Texas?

Significant. Under Tex. H&S Code § 711.002, a written directive signed by the decedent (or an Appointment of Agent form designating someone to control disposition) outranks the default order of next-of-kin priority. A spouse cannot override a written cremation directive, for example.

What happens to pre-need money if the funeral home goes out of business?

Pre-need funds in Texas are held in a state-supervised trust, not by the funeral home itself. If a funeral home holding a pre-need contract closes, the Texas Department of Banking can transfer the contract to another permit holder or refund the consumer. The funds belong to the consumer, not the funeral home.

Is pre-need money included in Medicaid eligibility calculations?

Irrevocable pre-need contracts are excluded from countable assets for Medicaid nursing-home eligibility, up to the contract value, in Texas. This is part of why pre-paying is sometimes recommended for families facing a long-term care decision. Talk to an elder-law attorney before relying on this; we are not lawyers.

Can I cancel a pre-need contract?

Yes, in most cases. Tex. Fin. Code Ch. 154 generally allows the consumer to cancel a pre-need contract and receive a refund of the trust principal (less any services already used). The specific cancellation terms are in the contract; read them.

What happens if I move out of Texas after pre-paying?

Pre-need contracts in Texas are generally transferable. The trust principal can be moved to a permit-holding funeral home in another state, or the contract can be refunded. The terms vary by contract; read them and ask before signing.

Why doesn’t Vargas-London sell pre-need contracts directly right now?

Texas requires a separate permit under Tex. Fin. Code Ch. 154 to sell pre-need contracts, in addition to the funeral establishment license under TFSC. Our pre-need permit application is in progress; until it issues, any pre-need contract is coordinated through a licensed third-party trustee. We disclose this to every family before any signing happens.

Can my family use a pre-need contract for veteran benefits?

Yes. A pre-need contract does not affect veteran burial benefits. Eligible veterans still receive a free plot at a national cemetery, military honors, headstone, and a burial allowance regardless of what funeral home services were pre-paid. We coordinate VA paperwork at no markup.

Do I need a lawyer for pre-planning?

For the free part (documenting wishes), no — the forms are straightforward. If you are pre-paying through a pre-need contract and doing it for Medicaid planning, an elder-law attorney is strongly recommended. We are funeral professionals; we are not lawyers.

Bilingual care

Carlos Vargas conducts bilingual pre-planning conversations in English and Spanish. Hablamos español. Llame al (214) 550-7369 para una conversación informativa gratuita sobre planificación previa.