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

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The Missouri Board Chairman’s Rally Cry: Follow Me, Boys!

Posted in Exams/audits, Missouri - SB1, Recordkeeping, Reporting, Uncategorized
Pursuant to a notice that may, or may not, satisfy state law, the Missouri State Board of Embalmers and Funeral Directors met in closed session this morning.   At the State Board’s December meeting, Division counsel advised that 24 hours’ notice to the public was required to amend the Board’s agenda.   Notice of this 9:00 am… Continue Reading

The Missouri Funeral Board: Cures for Memory Loss

Posted in Compliance, Exams/audits, Missouri - SB1, Recordkeeping, Uncategorized
With its January 9th and 10th agenda, the Missouri State Board of Funeral Directors and Embalmers exhibited yet another example of memory loss.  Just weeks prior, the State Board voted to have one or more special meetings on seller records and the financial examination process.  The motion approved by the Board was to have those… Continue Reading

Missouri Seller Records: The Starting Point for an Audit Trail

Posted in Exams/audits, Recordkeeping, Uncategorized
The last time the Missouri State Board of Embalmers and Funeral Directors took up the issue of preneed seller record keeping requirements, the staff proposal emphasized a contract ledger approach.  The proposal sought to require a contract record that reflected the amount and date of each payment received and the corresponding dates and amounts deposited… Continue Reading

Missouri Preneed Examinations: An Important Pivot

Posted in Exams/audits, Missouri - SB1, Uncategorized
In their last meeting, the members of the Missouri State Board of Embalmers and Funeral Directors took a small, but important pivot in the preneed examination process.  The State Board approved a recommendation made by the Financial Examination Committee that the Committee review each examination report and prepare the letter that accompanies the report to… Continue Reading

Missouri Rule Rollback: How to Start the Process?

Posted in Compliance, Missouri - SB1, Uncategorized
Despite lacking sufficient members to take official actions, the Missouri State Board of Embalmers and Funeral Directors met last week to discuss Executive Order 17-03.  As we reported back in January (Missouri Rule Rollback), the Order represents a significant undertaking by the State Board.  Seven months later, the State Board has less than a year… Continue Reading

The Proceeding against The Missouri Funeral Trust: The Long Build Up

Posted in Exams/audits, Missouri - SB1, Recordkeeping, Uncategorized
We start our review of the case against the Missouri Funeral Trust with the procedural issues raised in the State Board’s Complaint and MFT’s Answer.   From the Answer, we learn that the preneed financial examination was initiated on January 20, 2011.  But, it was almost three years before an examination report was sent by the… Continue Reading

Missouri’s Funeral Consumer Board: Another Step Closer

Posted in Exams/audits, Missouri - SB1, Uncategorized
With the support of the Missouri Funeral Directors and Embalmers Association, The Funeral Consumer Board Bill (HB 596) was voted out of committee last week with a crucial amendment.  As reported in our January 19th post, Rep. McGaugh wants a preneed regulator that is more responsive to the consumer.  The Representative’s constituents lost hundreds of… Continue Reading

Missouri’s Longest Preneed Audit: Continued until October

Posted in Exams/audits, Master Trusts, Missouri - SB1, Recordkeeping, Uncategorized
After five months of trading Complaints and Answers, the Missouri State Board of Embalmers and Funeral Directors and the Missouri Funeral Trust have been assigned an October hearing date before the Administrative Hearing Commission.   The dispute between the State Board and the MFDEA’s master trust program has been waging for years over issues such as… Continue Reading

Missouri Financial Exam Documents: Insurance Policies

Posted in Uncategorized
The financial examination records sought by the Missouri State Board of Embalmers and Funeral Directors two bullet points directed at insurance funded arrangements: A current statement from any/all applicable insurance companies with which you have insurance-funded preneed contracts for each active preneed contract A current listing of any other insurance assignments which require insurance funded… Continue Reading

Churches: Conversation Sabbath

Posted in Churches/Ritual, Transition Documents, Uncategorized
Churches from different denominations are observing “Conservation Sabbath” from November 11th through the 20th.  In 2010, a faith-related initiative titled the “The Conversation Project” was initiated by journalist Ellen Goodman.  The Conversation Project is dedicated to helping people talk about their wishes for end-of-life care.  Their website states: “Too many people are dying in a… Continue Reading

A Treasury Market Out of Whack: Preneed Insurers and Preneed Sellers

Posted in Insurance Funded, Investments, Preneed, Preneed Development, Preneed Development, Preneed Shortfalls, Price Protection, Price Protection, Uncategorized
In our last post, we used Allan Sloan’s article on the Treasury bond market to highlight the investment exposures to death care trusts.  Today we will look at how the Treasury market is also impacting funeral homes that rely upon insurance for preneed funding.  Mr. Sloan’s article alluded to insurance companies being required by statute… Continue Reading

A Legacy of Disgrace: the NPS Management Team

Posted in NPS/Lincoln, Uncategorized
Randall K. Sutton, former President and CEO of National Prearranged Services, died in prison on December 8th.    Accordingly to pleadings filed in the NPS criminal and civil lawsuits, Mr. Sutton played a central role in the company’s operations.  Another pivotal player in the Cassity schemes, Howard Wittner, was recently released from Federal prison so that… Continue Reading

The Factors Contributing to Preneed Shortfalls: Investment Return and Operator’s Performance Costs

Posted in Guaranteed, Insurance Funded, Non-guaranteed, Preneed, Preneed Development, Preplanning, Price Protection, Price Protection, Total Return Trust, Trust Funded, Uncategorized
When the Federal Reserve recently announced the end of the quantitative easing program, it did so with a hint that any increase in interest rates could be a considerable time off.  Several global factors may now cause interest rates to remain at unprecedented lows for longer than what the Fed had suggested last December.  As… Continue Reading

An immaterial witness: Doug Cassity

Posted in NPS/Lincoln, Uncategorized
Doug doesn’t have much faith in the legion of attorneys retained by the country’s largest banks.  Mr. Cassity has filed a writ of habeas corpus ad testificandum that argues only he can effectively cross examine witnesses to NPS’ compliance with the 1994 consent judgment.   Mr. Cassity argues that NPS could legally withdraw from trust all funds in… Continue Reading

Trust Administrative Hurdles: Tax Allocations

Posted in Administration, Compliance, Taxes, Uncategorized
A few weeks ago, we discussed the need to offer to consumers new preneed funding options, and outlined the various administrative hurdles faced by funeral homes that rely upon trust funding. (Preneed Trust Options: Administrative Limitations) With this post, we will examine how the non-guaranteed option impacts tax allocations and makes spreadsheet administration impractical. In… Continue Reading

Father Knows Best: the Cassity Clan

Posted in Uncategorized
The remaining members of the Cassity clan have filed motions in opposition to the dismissal of Doug Cassity from the NPS civil lawsuit.  Rhonda Cassity and Tyler Cassity argue that they too are the victims of Doug’s scheming and fraudulent conduct, and that good ole’ Dad should be compelled to testify, and held accountable. The plan… Continue Reading