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: civil trial

NPS Trustees: Standard of Care for Investments

Posted in Compliance, Investments, Missouri - SB1, NPS/Lincoln
Now that a judgment has been rendered against Allegiant Bank, the NPS litigation will move on to the appeal stage where the focus will be on R.S.Mo. Section 436.031.  The NPS trustees universally argued that this provision of the Missouri preneed statute relieved them of all responsibility and liability for investment supervision.  As set out… Continue Reading

Groundhogs Day 2015: Six Weeks of NPS Civil Trial

Posted in NPS/Lincoln
The National Prearranged Services civil trial is scheduled to begin this week, and trial briefs have been filed with the Court.  The briefs outline the arguments that each party plans to prove during the course of the trial.  It is our understanding that the Special Deputy Receiver has settled with all defendant trustees except Allegiant… Continue Reading

Getting Personal: liability and the preneed trust officer

Posted in Administration, Compliance, Investments, Master Trusts, NPS/Lincoln
Earlier this week, the Federal Court that is to try the NPS civil lawsuit next month issued an order (Order denying Morisse JOP Mtn) that will raise red flags for the banks that serve as preneed trustees.  In denying the motion of an officer of Allegiant Bank, Judge Richard Webber held that the Special Deputy Receiver… Continue Reading

An immaterial witness: Doug Cassity

Posted in NPS/Lincoln, Uncategorized
Doug doesn’t have much faith in the legion of attorneys retained by the country’s largest banks.  Mr. Cassity has filed a writ of habeas corpus ad testificandum that argues only he can effectively cross examine witnesses to NPS’ compliance with the 1994 consent judgment.   Mr. Cassity argues that NPS could legally withdraw from trust all funds in… Continue Reading