It has been three years since we last posted about those states that have passed laws allowing cemetery trusts to take a unitrust election.  Since then, Arizona, California and Indiana have joined the list.  The movement towards fixed care fund distributions has not caught on as quickly as some thought when the concept was introduced

When Missouri’s endowed care law was passed in 1994, all cemeteries were required to register with the Office of Endowed Care Cemeteries.  Cemeteries can seek licensing as either an endowed care cemetery or a non-endowed cemetery, or the cemetery could claim it was exempt from Chapter 214 pursuant to the definition of “Cemetery” pursuant to

The Missouri legislature has passed a bill to authorize county commissioners to diversify their cemetery trusts.  Prior to the passage of House Bill No. 51 Missouri’s counties were restricted in how they could invest cemetery care funds.  Essentially, a Missouri county could invest care funds only in government bonds.  But, since the mortgage bond crisis

The International Cemetery, Cremation and Funeral Association (ICCFA) made an old but persuasive argument to get the IRS to exempt cemetery care trusts from the Medicare tax that will fund ObamaCare.  As discussed in a prior post, the IRS had initially proposed to apply the tax to both cemetery care trusts and preneed trusts.  With

 A cemetery operator recently expressed his frustration with the trust officer of his care fund trust.   An examination of the trust had cited the operator for inappropriate distributions from principal with regard to expense payments.  We suggested to the operator that it is very common for trustees to set up care fund accounts with