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: national

The NPS Recovery Plan: Grounded!

Posted in Legislation, NPS/Lincoln
In our prior post, we commented on the lack of detail provided by the Consumer Funeral Assurance group regarding their NPS recovery plan.  We have obtained a copy of the plan, and redacted from the document correspondence that reflect names and/or contact information of recipient organizations or legislators. What is left includes a summary of … Continue Reading

The cost of custodial services: the Grandview settlement

Posted in Fiduciary, Preneed
Two class action lawsuits were filed last year over the mismanagement of Grandview Memorial Gardens (Madison, Indiana), and a settlement has been reached in the suit involving the cemetery’s preneed trust funds. Over the course of about 14 years, the cemetery went through three changes of ownership, four trustee changes and sold several million dollars of … Continue Reading

Missouri Preneed Reform: Act 2

Posted in Legislation, Preneed, Reform
As news of the NPS meltdown began to leak last month, several proposals to reform Missouri’s preneed law were hastily drafted.  Not knowing the extent of NPS’ problems, some reform advocates felt the need to strike while the iron was hot.  Even as the legislative session ended on May 16th, it was not clear whether … Continue Reading

Your Preneed Forecast: Exams, followed by Audits

Posted in Legislation, Preneed, Reform
The Missouri preneed industry faces a long and stormy summer.  The Missouri legislature seems to be listening to regulators’ requests for much needed authorities for examinations, audits and rulemaking.  A draft bill providing emergency powers to the Division of Professional Registration has emerged as legislation that may be signed into law before the current session ends … Continue Reading

NPS: Show me the money!

Posted in NPS/Lincoln, Preneed
On Wednesday, April 30th, the Missouri Department of Insurance fired off the first salvo in the legal proceedings to recover funds from Lincoln Memorial Life Insurance Company. In an effort to prepare those affected by the NPS meltdown, the Missouri State Board of Embalmers and Funeral Directors and the Division of Professional Registration have issued press … Continue Reading

Missouri Preneed Reform: Show Me

Posted in Consumer Advocates, Legislation, Preneed, Reform
With two reform bills (HB 2469 and HB 2594) already introduced into the legislature, and two substitute proposals in the works, Missouri legislators and regulators are committed to fixing a law that allowed NPS to exploit consumers and funeral homes. However, consumers and the death care industry are both having difficulty analyzing the specifics of the various … Continue Reading

NPS and an uncertain world

Posted in NPS/Lincoln, Preneed
Certainty? In this world nothing is certain but death and taxes. Benjamin Franklin The “collapse” of National Prearrangement Services comes as a shock to both the company’s clients and competitors. For the seventeen states in which NPS transacted business, regulators are scrambling to get their arms around the magnitude of the problem. NPS’ adversarial reputation will cause … Continue Reading

NPS throws in the towel

Posted in NPS/Lincoln, Preneed, Preplanning
NPS, beleaguered by state regulatory proceedings in Kentucky, Illinois, Ohio, Texas and Iowa, has called it quits.    NO MAS!    ENOUGH!    Much to the surprise of industry leaders, NPS has suggested it will do what’s in the best interests of the consumers.  Could this mean a refund to everyone?   April Fools Day!   … Continue Reading