Missouri preneed law (past and present) authorizes three forms of funding: trusts, insurance and joint accounts. Of the three, joint accounts have been used by many rural funeral homes that did not want the hassles of trusts and insurance. But with new reporting requirements, these funeral homes are on the clock to pull together information
Preneed
What a difference a year makes
By Bill Stalter on
Posted in Missouri - SB1, Preneed
In August 2009, the members and staff of the Missouri State Board of Embalmers and Funeral Directors put in a lot of overtime to keep the preneed industry operating. Senate Bill 1 established brand new licensing requirements for preneed sellers. Without a license, a seller’s preneed contracts could be voided. However, the State Board lacked authority…
Serving Time in Kansas: Fairlawn Burial Park
By Bill Stalter on
Posted in Cemeteries, Preneed
Families and funeral homes harmed by NPS will hope that company’s owners and officers have to face a judge like the Honorable Richard Rome.
The Hutchinson News reported that District Judge Richard Rome rejected a plea bargain for probation, and sentenced Fairlawn Burial Park’s owner to almost 5 years in prison. A Kansas Secretary of…
The Preneed Subsidy
By Bill Stalter on
Posted in Preneed
While the reasons are open to debate, it is common knowledge within the funeral industry that a small percentage of consumers cancel their preneed contracts. Consequently, some funeral directors tend to view their preneed block of business with a degree of certainty. Performance of the contracts, and recognition of the revenues, seems to be just…
California Master Trust: serious missteps, but not another IFDA
By Bill Stalter on
Posted in Preneed
In contrast to how the IFDA situation was handled, the California Department of Consumer Affairs has taken a public approach to disclosing its issues with the CFDA’s master trust by posting its website an audit report and the Association’s reply.
The DCA is unhappy with the Association, and the master trust fiduciary, with regard…
The Preneed Tax
By Bill Stalter on
Several states have passed laws in the past few years mandating greater preneed oversight. But with state budgets in decline after the 2008 market crash, regulators are hard pressed to find a way to pay for consumer protection.
Colorado’s new law simply states that the contract seller shall bear the cost of its examination.
In…
Illinois: the initial insurance premium is coming due
By Bill Stalter on
The Comptroller’s Office mailed out letters to funeral homes last week advising how to report the first contribution to the Pre-Need Funeral Consumer Protection Fund. The letter tracks the first few paragraphs of the “Senate Bill 1682 Information” page from the Comptroller’s website.
The funeral home letter includes two documents: a Fee Payment…
Self Reporting: how deep will it go?
By Bill Stalter on
Posted in Missouri - SB1, Preneed
Missouri funeral homes will get their first glimpse of their State Board’s proposal for self reporting for preneed sales. Under the prior law, preneed sellers merely reported the number of contracts sold and their aggregate sales price.
For Missouri regulators to properly assess whether ‘old’ Chapter 436 trusts and joint accounts are properly funded, the…
Missouri’s 2010 Legislative Proposals: 100% Trusting
By Bill Stalter on
The next round of legislative proposals have been posted to the State Board of Embalmers and Funeral Directors website. At the top of the list is whether the trusting requirement should be raised from 85% to 100%. The proponent believes this will enhance consumer protections. He is not alone.
The Illinois Legislature heard the…
No crook, but a stiff penalty nevertheless
By Bill Stalter on
Small town funeral homes often lack the volume of business to warrant a ‘preneed program’. And, if there is no competition, why hassle with the costs of preneed compliance. The short answer is reputation and integrity.
A recent article about an Iowa funeral director suggests the operator may have only handled a hand full of preneed…