On Wednesday, April 30th, the Missouri Department of Insurance fired off the first salvo in the legal proceedings to recover funds from Lincoln Memorial Life Insurance Company. In an effort to prepare those affected by the NPS meltdown, the Missouri State Board of Embalmers and Funeral Directors and the Division of Professional Registration have
Preneed
Missouri Preneed Reform: Show Me
With two reform bills (HB 2469 and HB 2594) already introduced into the legislature, and two substitute proposals in the works, Missouri legislators and regulators are committed to fixing a law that allowed NPS to exploit consumers and funeral homes. However, consumers and the death care industry are both having difficulty analyzing the specifics of…
NPS and an uncertain world
Certainty? In this world nothing is certain but death and taxes.
Benjamin Franklin
The “collapse” of National Prearrangement Services comes as a shock to both the company’s clients and competitors. For the seventeen states in which NPS transacted business, regulators are scrambling to get their arms around the magnitude of the problem. NPS’ adversarial reputation will cause…
Accountability and the Master Trust
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…
NPS throws in the towel
Tennessee’s Preneed Legislation: the cost of doing business
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…
Death Care Reform Indiana Style: Fiduciary Alert!
It’s always an ugly scene when a party to a fiduciary relationship gets caught with his/her hand in the cookie jar. Unfortunately, this has been happening with alarming frequency in the death care community, and Indiana has had enough. In a relationship that requires mutual cooperation, the death care industry has taken the position that "someone should have…
Maryland’s Proposed Preneed Protection Fund: all things considered
It must be spring: preneed reform bills are sprouting like crocus.
The direction taken by the Maryland and Tennessee legislatures in proposing protection funds drew recent criticism from the Funeral Consumers Alliance. While consumer advocates have some valid points regarding these legislative efforts, the obstacles facing states are far more complex than what most…
Grandview Memorial Gardens: Round up the suspects
The families of those buried at Grandview Memorial Gardens are angry. First they are advised that the trusts meant to fund future burials and the care for those graves are not properly funded. Next, they learn that some of the cemetery’s gardens have a problem with grave spaces flooding with water. When Indiana regulators and…
Iowa Personal Preference Legislation – Whose Funeral is it?
The Iowa had not one, but two personal preference bills pending before its Legislature for the 2007/08 term: SF 473 and HF 2088. The Senate version, SF 473, was backed by Iowa’s attorneys, and the House version, HF 2088, was backed by the Iowa Funeral Directors Association.
What caught my attention about these bills…