As suggested in our prior Cemetery Preneed Exemption post, Missouri’s endowed care cemetery law (Chapter 214.270 et seq) has a huge flaw when it comes to religious cemeteries: they are either all in or all out. Religious cemeteries often have good cause for seeking exemption from state endowed care laws. Our religious cemetery clients
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Finally a Missouri Cemetery Preneed Exemption: Sort of.
By Bill Stalter on
Posted in Cemeteries, Preneed Development
The Missouri State Board of Embalmers and Funeral Directors recently promulgated a rule (20 CSR 2120-3.560) to exempt certain cemetery operators from preneed licensing with the State Board. The rule was a long time coming. We first wrote about preneed licensing confusion for Missouri cemeteries back in 2009 (Lost in the translation:…
NPS’ Trustee and Income Distributions: Who needs Income?
By Bill Stalter on
We had hoped that the Trial Court’s Finding of Facts would shed some light on how a Missouri preneed trust holding life insurance would have income to distribute. Despite being invested primarily in life insurance policies, Allegiant Bank made monthly income distributions to NPS. The Trial Court made several findings on how Allegiant Bank failed…
Missouri’s Phase 2.5 of Preneed Exams: Section 436.425 and Insurance Funded Contracts
By Bill Stalter on
Posted in Exams/audits, Missouri - SB1
In our last post we discussed the need for the Missouri State Board to provide guidance to their financial examiners regarding Section 436.425 and insurance funded contract forms. In this post we will discuss Section 436.425 and trust or joint account funded contracts.
Subparagraph 9 has created confusion for examiners and sellers. That section states…
Missouri’s Phase 2.5 of Preneed Exams: Section 436.425 and Insurance Funded Contracts
By Bill Stalter on
At its April meeting, the Missouri State Board of Embalmers and Funeral Directors discussed the formation of a “Phase 3 Committee” that would provide input for the revision of the Board financial examination handbook. The Board staff is about half way through the second round of preneed examinations (“Phase 2”), and the Board wants to…
Missouri’s Exam Handbook: The Four Corners of the Manual
By Bill Stalter on
Posted in Exams/audits, Missouri - SB1
Our next criticism of Missouri’s pending Exam Handbook is its violation of the Four Corners Rule, which requires a document to stand on its own when being interpreted and applied. Common law precludes parties from going to outside sources when applying the document to different situations. While the Handbook gives lip service to the Four…
Missouri’s Exam Handbook: Reviewing All Contracts for What Purposes?
By Bill Stalter on
The newest edition of the Missouri Preneed Exam Handbook has some significant problems. The one we will discuss today is ambiguous instructions regarding the review of preneed contracts. Paragraph 13 of the Handbook’s scope of financial examination states:
13) Staff shall look at 100% of all active preneed contracts that have been sold since the…
Missouri Preneed Exams: Examiner Desk Top Reviews
By Bill Stalter on
Posted in Exams/audits, Missouri - SB1
The Missouri State Board’s proposed exam handbook would have examiners perform more of their review before an onsite visit is scheduled at the funeral home. By performing a desk top review, the examiner would be better prepared when visiting the funeral home. This should expedite the examination process. There would be four stages to…
Missouri’s Next Preneed Exam Manual: Start Following the Money
By Bill Stalter on
The Missouri State Board of Embalmers and Funeral Directors introduced a new preneed examination handbook at its October meeting. (Click the following hyperlink to access the preneed handbook.) The proposed handbook would change the emphasis of the preneed exams from contract and recordkeeping compliance to tracking consumer funds paid to the funeral home.
For…
The Division: Regaining that 2008 Mojo
By Bill Stalter on
Posted in Missouri - SB1
During the summer following NPS’ collapse, the Missouri Division of Professional Registration provided crucial leadership to building the consensus required for Senate Bill No. 1. Rushed efforts to re-write the Missouri preneed law had failed, and the Legislature then turned to the Division. Represented by Connie Clarkson, Becky Dunn and Kim Grinston, the Division prepared…