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: california master trust

Preneed Fund Manager: Is your O&E coverage current?

Posted in Fiduciary, Master Trusts, Preneed
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… Continue Reading

The Independent Preneed Trustee: In a Perfect World

Posted in Administration, Exams/audits, Master Trusts, Preneed, Recordkeeping
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 “public” last… Continue Reading

Step Out of the Box: a California request

Posted in Compliance
According to Wikipedia, Regulation is "controlling human or societal behavior by rules or restrictions." Regulation can take many forms including legal restrictions promulgated by a government authority……. So, regulators are charged with the task of interpreting “legal restrictions” and determining what businesses can or cannot do. When the applicable law is well drafted, and further… Continue Reading

California’s Pending Consumer Refund

Posted in Fiduciary, IFDA, Preneed
California funeral directors face a September 13th deadline that could have substantial financial consequences, including the repayment of trust distributions. A July 1st letter sent by the California’s Cemetery & Funeral Bureau to funeral homes in the California Master Trust outlined the regulator’s rejection of the Association responses regarding the Master Trust audit. An impatient… Continue Reading