The economy has preneed regulators concerned about depository accounts used for preneed funding. A story reported in the Atlanta Journal-Constitution underscores the reason for this worry. When a funeral home fails, consumers have little chance of defending the depository account from creditors’ claims. Insurance and trusts offer the consumer better protection when the creditors come knocking.
Preneed
Recession and Preneed
By Bill Stalter on
The “R” word is back again. We’re only three years removed from the housing bubble burst, but a sense of normalcy seemed to be returning to the death care industry. It wasn’t necessarily a return to the old ways, not with the increase in cremations and regulations. But, many operators were coming to grips with…
Dark Clouds and Preneed
By Bill Stalter on
Not that close, even from the 30,000-foot view.
That’s our assessment of the Morningstar analysis of preneed and its impact on the death care industry. In “Dark Clouds for the Death-Care Industry”, a stock analyst attempted to explain the preneed transaction, and then provide an assessment of the impact of preneed on the profitability of…
I’m a funeral director, not a fund manager!
By Bill Stalter on
Preneed scandals in Illinois, Missouri, Texas, and California have state regulators moving to implement new audit procedures. But with new laws passed in the wake of NPS and state master trust problems, the frequency and scope of the future audit could change dramatically. It is no secret that the scope of the preneed audit in…
The Preneed Database: another audit tool
By Bill Stalter on
As reported previously in the blog, the State of Nebraska began to implement a preneed contract database in 2010 when master trusts were requested to provide individual contract data in an electronic format. The request was expanded to all preneed sellers in 2011.
Kansas Secretary of State sought legislation in 2010 for the authority to…
Continuing the search for preneed exams
By Bill Stalter on
The Missouri State Board of Embalmers and Funeral Directors staff has some new faces, and in contrast to most rookies, these newcomers are playing pivotal roles in developing examination procedures for the state’s preneed funeral sellers. The Division of Professional Registration chose personnel with prior auditing experience, but as these ‘rookies’ are learning, there is…
Missouri’s 2012 Preneed Patch: But is the MO436-09 System Working?
By Bill Stalter on
Missouri’s preneed regulator, the State Board of Embalmers and Funeral Directors, will meet June 2nd to continue its discussion of agenda for the upcoming legislative session. Due to the lead time required to formulate legislation, the State Board is forced to begin discussions before its 2011 legislative agenda (SB325) even becomes law on…
Comptroller: It’s Not My Call
By Bill Stalter on
For a brief period, the Illinois Comptroller posted a notice that sidestepped the inquiries made by funeral directors about the application of their Merrill Lynch settlements. The OIC website has since be revised.
One of the inquiries to the OIC may have involved whether the settlement funds could be applied to the litigation costs for…
Preneed Fund Manager: Is your O&E coverage current?
By Bill Stalter on
Many state preneed regulators share the point of view that the payments made toward a preneed contract belong to the consumer until the prearranged funeral is provided. This perspective was adopted by the California Attorney General in its Eighth Cause of Action brought against the California Funeral Directors Association and its Master Trust. The AG…
The Independent Preneed Trustee: In a Perfect World
By Bill Stalter on
A breakdown in communications between the CFDA and the Cemetery and Funeral Bureau has resulted in the California Attorney General filing a lawsuit that can be appropriately described as vitriolic. The “California lawsuit” could provide some valuable ‘what to avoid” lessons for regulators in other states.
In an unusual move, the Bureau went…