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

Tag Archives: annual

Cemetery Care Fund Reports: The Operator’s Vicarious Liability

Posted in Cemeteries, Fiduciary, Reporting
Typically, the standard by which a cemetery is judged to be abandoned is whether the grass is getting cut.  But for licensed cemeteries, some states’ laws may also include provisions to deem a cemetery abandoned when regulatory reports are not filed.   Care fund reports are intended to inform the cemetery regulator whether the operator is… Continue Reading

Preneed Reporting: drilling down to each consumer

Posted in Administration, Funeral, IFDA, Preneed, Recordkeeping, Reporting
For most Illinois funeral homes, March 15th is the due date for the filing of their preneed data with the Comptroller’s office. For those funeral homes that bolted from the IFDA after the master trust melt down, this has been an extremely frustrating process. The majority of funeral homes must file on line, with supporting… Continue Reading

The Comptroller’s Annual Report: a broken trail

Posted in Funeral, IFDA, Preneed, Reporting
This blog commented a few weeks ago on Dan Hynes’ failure to follow through on his own legislation. Since that post, the new Comptroller revised the Annual Report to eliminate references to self-trusted funds. However, funeral homes that transferred out of the IFDA master trust will still find the report difficult to complete. The Comptroller’s… Continue Reading

The Comptroller’s Preneed Report: poor follow through

Posted in Compliance, IFDA, Preneed, Reporting
While the Comptroller succeeded in getting SB1682 passed, and into law this past February, the office hasn’t revised its annual preneed reporting form to reflect the law’s changes. The report contemplates depository accounts and self-trusted accounts, which were eliminated by SB1682. Funeral directors, accustom to the IFDA’s assistance, may also find the trust report section… Continue Reading

Missouri’s New Reporting Requirements: work in progress

Posted in Missouri - SB1, Preneed
On September 9th, Missouri’s State Board of Embalmers and Funeral Directors conducted its first public meeting since forwarding new (and extensive) reporting requirements to preneed funeral sellers and providers. In no mood to entertain complaints from the industry, the Board advised licensees to “do their best”. In response to criticism of the new trust reporting… Continue Reading

Self Reporting: how deep will it go?

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… Continue Reading