In naming the IFDA officers and board of directors as individual defendants in their lawsuit, the Calvert group sought to make these individuals accountable for management of the association’s master trust. Members of a board of directors have a duty to act in the best interests of the organization. Defenses against personal liability are
Fiduciary
Restoring peace of mind: at the preneed provider’s expense.
By Bill Stalter on
John Duggan has a point, and that’s what concerns regulators in Illinois, Missouri and Texas. Who will be blamed when the consumer does not get the benefit of their preneed contract?
While the overwhelming majority of NPS’ preneed contracts will be honored by the funeral home named in the contract as the “provider”, it…
Strength in numbers: master trusts
By Bill Stalter on
A trade newsletter recently reported on funeral homes forming buying groups to negotiate better terms with casket vendors. Through cooperative alliances, the funeral homes can achieve the numbers required to negotiate better discounts from vendors. Those same economies of scale also benefit preneed programs that utilize trust funding. The larger trust not only provides the…
The cost of custodial services: the Grandview settlement
By Bill Stalter on
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…
Chapter 436 Recommendations: First the trust, then…
By Bill Stalter on
Why did you agree to that?
That’s the question I have been getting to the Chapter 436 Working Group recommendations regarding i) the deposit of all purchaser payments to trust, and ii) some form of periodic statement to the consumer. One answer would be that we see too many news reports like this…
Missouri Preneed Reform: work in progress
By Bill Stalter on
While the completion of the document may have felt like a birthing process to the staff of Missouri’s Division of Professional Registration, the Chapter 436 Working Group Recommendations more accurately reflects an industry position paper that has yet to be completed. Faced with a deadline imposed by the Missouri legislature, the Division ‘finalized’ the Recommendations in an…
Un-parking those death care trusts: diversification
By Bill Stalter on
The American Funeral Director recently published Curtis Rostad’s rebuttal letter to a prior story titled “Debunking the Trust Myth”. That same story earned a post on this blog site. While I agree with Mr. Rostad’s views, the sad truth is that many death care trusts do not perform as well as the Indiana Master Trust. It…
If that’s what is required to get your attention
By Bill Stalter on
In response to a proposal that preneed trustees be required to provide periodic account statements to contract purchasers, a funeral director asked what liability he would have to consumers who question the trust’s performance during a year such as 2008. Legally speaking: none. But ultimately, death care companies should be accountable to their families for the decisions…
A Reasonable and Necessary Trustee Fee: penny wise and pound foolish
By Bill Stalter on
The Special Deputy Receiver for NPS recently reported the company’s “negative net worth” to be just short of one billion dollars. Rightfully, regulators are looking at the NPS fiduciaries for culpability in the losses that will be sustained by consumers and funeral homes in the years to come. In the meantime, Missouri state officials are working…
It was the attorney’s fault
By Bill Stalter on
Here is a twist on the “Another theft from a death care trust”: this one does not involve a cemetery operator or a funeral director. Last week, an Indiana grand jury indicted a banker, an investment advisor and an attorney. What may sound like the beginning of a joke that most funeral directors and cemeterians can relate…