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: beneficiary

Missouri’s First Preneed Regulation: if at first you don’t succeed, try, try again

Posted in Missouri - SB1, Preneed, Preplanning
More than one funeral director has expressed the opinion that the State Board should never have been given rule making authority. We’ll never know, but if the State Board had rulemaking authority 22 years ago, it could have implemented rules to help enforce NPS’ 1990 settlement agreement, and thereby avoided that company’s collapse. But equally… Continue Reading

Did Someone Ask “Who’s the Boss?”

Posted in Missouri - SB1, Preneed
Three years ago we asked that question with regard to the power struggle occurring between the Missouri State Board of Embalmers and Funeral Directors and the Missouri Division of Professional Registration staff. That post was influenced by our experiences with preneed regulators from other states, who range from elected politicians to the revolving door bureaucrat.… Continue Reading

Out of Left Field: Missouri’s insurance assignments

Posted in Exams/audits, Insurance Funded, Missouri - SB1
Who can honestly say they saw this one coming?  On July 5, 2012, the Missouri State Board of Embalmers and Funeral Directors filed a complaint with the Missouri Administrative Hearing Commission against a Missouri funeral home for alleged violations of Chapter 436, including several transactions that predate Senate Bill No. 1. So, three years after the… Continue Reading

Preneed vs. Preplanning: Missouri’s blurred line

Posted in Missouri - SB1
For some Missouri funeral homes, the ‘disagreement’ over the Section 436.405.1.(8) and insurance assignments has been brought to their doorstep.  In January, the State Board and their staff debated the issue of whether insurance assignments and beneficiary designations made in favor of a funeral home should constitute a preneed contract. The State Board rejected the staff’s interpretation of the… Continue Reading