This post will look at the first allegation made by the Missouri State Board of Embalmers and Funeral Directors against the Missouri Funeral Trust: MFT does not create or maintain any records of its activities as a preneed seller. In subsequent paragraphs of the Complaint, the State Board will also challenge the adequacy of those
Compliance
The Proceeding against The Missouri Funeral Trust: The Long Build Up
We start our review of the case against the Missouri Funeral Trust with the procedural issues raised in the State Board’s Complaint and MFT’s Answer. From the Answer, we learn that the preneed financial examination was initiated on January 20, 2011. But, it was almost three years before an examination report was sent by…
Missouri’s Funeral Consumer Board: Another Step Closer
With the support of the Missouri Funeral Directors and Embalmers Association, The Funeral Consumer Board Bill (HB 596) was voted out of committee last week with a crucial amendment. As reported in our January 19th post, Rep. McGaugh wants a preneed regulator that is more responsive to the consumer. The Representative’s…
Missouri’s Longest Preneed Audit: Continued until October
After five months of trading Complaints and Answers, the Missouri State Board of Embalmers and Funeral Directors and the Missouri Funeral Trust have been assigned an October hearing date before the Administrative Hearing Commission. The dispute between the State Board and the MFDEA’s master trust program has been waging for years over issues such as…
Missouri Exam Documents: Trustee Records
In a prior post, we listed the records sought by the Missouri State Board of Embalmers and Funeral Directors when an examination is scheduled against a preneed seller. In this post we will look at the five bullet points that involve the preneed trustee:
- A current statement from your state or federally chartered financial institution/s
…
Round 2 of Missouri’s Preneed Exams: The Document Request
It has been more than a year since the Missouri State Board of Embalmers and Funeral Directors approved the expansion of the scope of financial examinations. Consequently, preneed sellers up for their second preneed audit are receiving notices that request the following reports and documents:
- A current statement from your state or federally chartered financial
…
Missouri Seller Records: Avoiding the next Polley
Prosecutors and investigators have commented to our office about how difficult it can be to prove preneed fraud. They won’t know whether the consumer has been harmed until the death of the contract beneficiary, and then whether the funeral is provided. In Missouri, prosecuting a bad apple funeral director got much easier as of January…
Nebraska Preneed Legislation – Clarifying Trust Liability
On January 30th, the Nebraska Legislature will conduct a hearing on a bill to fix a problem with the state’s preneed funeral law. The Burial Pre-Need Sale Act was originally passed in 1986, when preneed trusts invested almost exclusively in government bonds. The intent of the Nebraska law was to require the preneed…
Missouri Funeral Legislation: The Funeral Consumer Board
A bill has been filed in the Missouri General Assembly that proposes to divide the State Board of Embalmers and Funeral Directors membership evenly between the public and industry representatives. That Board currently consists of 5 industry members and 1 public member. The bill sponsor, Representative Joe Don McGaugh, is from a district that includes…
Missouri Preneed Seller Records: More Than Adequate
The final section of the Missouri preneed seller record rule will likely draw criticism from the industry:
The standards set forth in this rule are stated only as minimum standards. Each seller may maintain any records in addition to those set forth in this rule. In addition, if the board determines that it is unable…