Death Care Compliance Law

Death Care Compliance Law

Preneed: A Pandora's Box of Problems

William Stalter is the founder of Stalter Legal Services and the Preneed Resource Company. Bill focuses his law practice on preneed and death care compliance, serving banks, funeral homes, crematories, and cemeteries. He has written multiple published articles

Tag Archives: advisor

Michigan’s Plan: Target Date Investment Strategy

Posted in Fiduciary, Funeral, Investments, Preneed
I stand corrected. A representative of the Michigan Funeral Directors Association advises that their request for proposal for a new investment advisor for the master trust has resulted in the selection of a firm that will not only assume a true fiduciary relationship to funeral directors and consumers, but that will also guide the Association [&hellip… Continue Reading

Wisconsin Cemeteries: Who needs a fiduciary?

Posted in Cemeteries
Here is proof that readership of newspapers is going down. The Milwaukee Journal Sentinel called a few weeks back about a Wisconsin legislative bill that sought investment freedom for cemetery trust funds.  With the legislative battle that was waged a year ago in Wisconsin, we had expected the bill might represent a renewed effort to [&hellip… Continue Reading

A False Sense of Security: the hold harmless for investment oversight

Posted in Funeral, Master Trusts, Preneed
We previously discussed how the funeral home or cemetery assumes most of a preneed trust’s investment risk when selling a guaranteed preneed contract, and therefore should be afforded a role in the trust’s investment decisions (Fund Managers: Is Your O&E Coverage Current?). But in that same post, we were careful to point out that there [&hellip… Continue Reading

New Missouri Regulations: will this ever stop?

Posted in Legislation, Missouri - SB1
Earlier this week, the Missouri State Board of Embalmers and Funeral Directors posted their agenda for the September 27-29th meetings, which includes 65 pages of regulation proposals or revisions. The Board has probably heard the same complaint that we have: what the industry needs is less regulation, not more. However, regulations can serve a useful [&hellip… Continue Reading

Regulating out of context: Missouri and investment advisors

Posted in Missouri - SB1
Over the next year, Missouri will examine the various flaws of SB1. One of those flaws concerns the independent investment advisor and the ‘fix’ meant to preclude conflicts of interest. Preneed trusts have a poor track record in terms of investment performance. Trustees often fail to appreciate the key factors that impact investment strategies for [&hellip… Continue Reading