Preneed: A Pandora's Box of Problems
In terms of the toxic NPS fallout, Texas ranks a close second to Missouri. In response, the Texas Department of Banking has released a legislative proposal aimed at closing what it perceives are the loopholes in Chapter 154 of the Texas Finance Code.
To facilitate discussion of the issues with death care operators, insurance companies and fiduciaries…
Funeral homes and cemeteries are businesses that serve families when they are most vulnerable. To guard against exploitation, the death care industry establishes standards of professionalism, and state governments pass laws and regulations. Consumer advocacy plays an important role in educating consumers about these standards, and providing families tools in evaluating death care operators. To…
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…
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…
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…
It was once fairly common for a funeral director to take a preneed purchaser’s funds and establish a joint account at a local bank. Missouri’s preneed law contemplates the transaction and requires that the funeral home and the purchaser have joint control over the account. Prior to 9/11, banks would freely provide account forms, allowing the…
Yesterday, the St. Louis Post-Dispatch ran an article that examined the history of NPS, and raised some of the questions that need to be explored in depth in the months to come. The system failed in several states, for both consumers and funeral homes. While most funeral homes will try to make good on the…
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…
A bank client recently asked that I provide some standard of accountability for administration provided to a master preneed trust. As I struggle to provide the client a concise answer, I can’t help but to think that the issue will also become a crucial concern to consumers and funeral directors alike. As news reports reach consumers about…
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…