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

Category Archives: Funeral

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The Archdiocese of Louisville Lawsuit: attorney error

Posted in Churches/Ritual, Funeral
Trust a lawyer to add to the tension between clergy and the funeral director.   A Kentucky priest felt the need to re-establish the ground rules for funerals conducted in his parish, and a local funeral director took offense.   Claiming the rules were "an intentional and wrongful interference" with his business, the funeral director brought suit against the Archdiocese of Louisville.   The lawsuit has the unfortunate… Continue Reading

Trade Association Membership: weighing the costs vs. the benefits

Posted in Cemeteries, Funeral, Preneed
Mortuary Management’s July/August Colleague Wisdom column underscores how difficult it can be to run a trade association. I can empathize with the funeral home operators who took the time to provide their thoughts. As an attorney who specializes in the death care industry, I have to weigh the costs and benefits of membership in trade associations from… Continue Reading

Does anyone have the name of a good lawyer?

Posted in Funeral
A few months ago I stumbled across the FuneralAdvice.com website when searching the net for some information on embalming. Google found a post on the site that was somewhat helpful, but did not provide the answer I was looking for. I bookmarked the site, and by coincidence, visited the site again today. The site’s current post asks… Continue Reading

Tennessee’s Preneed Legislation: the cost of doing business

Posted in Consumer Advocates, Fiduciary, Funeral, Legislation, Preneed, Reform
The preneed bill that angered the Funeral Consumers Alliance in February continues to advance within the Tennessee legislature. SB 2705/HB 2763 has been placed on the calendar for the Commerce Committee for April 1st. If passed, the legislation may well make Tennessee the first state to lower its preneed trusting requirement. Despite the need for better consumer protections,… Continue Reading

The Fork in the Road: personalization vs religious rituals

Posted in Churches/Ritual, Funeral, Preplanning
Two recent newspaper articles help to underscore the distinct directions the funeral ritual seems headed. The Kansas City Star reported on how more families are opting for personalization over formal funeral rituals.  As the article indicates, personalization often requires the funeral director to spend more time with the family planning a memorial that is unique… Continue Reading

A General Price List nightmare?

Posted in Funeral
The Scarborough Council just announced increases in their funeral, cremation and burial prices. There are going to be nearly 80 different levels of charging Some of the charges depend on whether they involve cremation, burial, the times when funerals take place, the use of the service chapel and scattering the remains and whether the remains… Continue Reading

Section 685 – Removing the Cap

Posted in Funeral, Preneed Tax
The National Funeral Directors Association has taken the lead in getting legislation introduced to eliminate the dollar cap imposed on qualified funeral trusts.  While I hope the NFDA succeeds, it won’t be without a fight from the IRS.  As the death care industry inches towards the non-guaranteed preneed transaction, the IRS will express its concerns over abusive trusts. … Continue Reading