Final arguments were heard in the NPS civil trial this past Friday. With the SDR having presented evidence through the prior Friday, the defendant trustees presented their case in less than a week. This may reflect that the NPS trustees had viewed their duties as having been defined by Chapter 436 as relatively low. As
Recordkeeping
Consumers Payment Options: Administrative Hurdles and Preneed Trusts
By Bill Stalter on
There are three scenarios for administration of preneed installment payments: the funeral operator collects payments, the trustee collects payments or a third party administrator collects payments. The entity collecting installment payments must be able to apply each payment to the correct preneed account, and provide the other party (or parties) current payment balances. If the…
Missouri’s Exam Progress: Time for Changes?
By Bill Stalter on
The Missouri State Board of Embalmers and Funeral Directors will meet in a few weeks, and the topic of fees may be on the agenda. The staff broached the fees topic at the spring meeting, but the matter was tabled for subsequent discussion. Fees and the preneed examination process go hand in hand, and…
Cemetery Preneed Leads: buried under a mountain of paper
By Bill Stalter on
Posted in Cemeteries, Recordkeeping
A cemetery client once lamented that he was tired of being the last in line. He was alluding to the reality that when there is a death, families call the funeral home before the cemetery. As part of the final arrangements, the funeral home will often sell the family a vault and marker, …
The Independent Preneed Trustee: In a Perfect World
By Bill Stalter on
A breakdown in communications between the CFDA and the Cemetery and Funeral Bureau has resulted in the California Attorney General filing a lawsuit that can be appropriately described as vitriolic. The “California lawsuit” could provide some valuable ‘what to avoid” lessons for regulators in other states.
In an unusual move, the Bureau went…
Preneed Reporting: drilling down to each consumer
By Bill Stalter on
For most Illinois funeral homes, March 15th is the due date for the filing of their preneed data with the Comptroller’s office. For those funeral homes that bolted from the IFDA after the master trust melt down, this has been an extremely frustrating process. The majority of funeral homes must file on line, with supporting…
Missouri’s Trust Funded Report: perserving self regulation
By Bill Stalter on
The ‘deadline’ for Missouri preneed sellers to ‘voluntarily’ report their pre-SB1 trust funded sales is a mere two weeks away. Again, this is a voluntary report. As such, missing the ‘deadline’ or failing to use the Board’s form carries no penalty to the preneed seller. So, why file?
The reason expressed by one State…
A Stitch in Time Saves Nine: the statement of goods and services
By Bill Stalter on
When funeral arrangements are made subsequent to the death of a family member, the meeting with a funeral director can be very emotional. Addressing the paperwork required by law often adds to the stress of the arrangement meeting. Sensitive to the individual needs of the family, funeral directors attempt to balance legal requirements with the…
Preneed Contract Forms: Worth The Paper They’re Written On?
By Bill Stalter on
With the exception of a few states, each form of preneed funding has its own statutory requirements. Consequently, different contract forms are required for each method of preneed funding. So, what does this mean for the consumer worried about the safety of funds paid to the funeral home or cemetery.
Among the pecking order of…
Diversity comes at a price: too many boxes
By Bill Stalter on
For the past several years, most preneed sellers were more likely to have been audited by the IRS than their state funeral or cemetery regulator. That will likely change in the next year or two for operators in a Midwest state.
The common response to an IRS audit would be to throw the relevant records…