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: clayton

The thorn that will not go away: NPS and Missouri’s Governor

Posted in Missouri - SB1, NPS/Lincoln
Yesterday, the St. Louis Post Dispatch reported on the federal indictments handed down against six NPS officials. The article includes two statements that hint at the legal strategies to be employed by NPS and federal prosecutors. "We have anticipated this (indictment) for a number of years, and he is looking forward to finally confronting these… Continue Reading

The Domino Effect: the Smart plea

Posted in Cemeteries
Forest Hills’ preneed consumers were hoping for news of retribution, but Clayton Smart’s anticipated plea bargain was put on hold. If news reports are accurate, authorities from Tennessee (and perhaps Michigan and Indiana) have their sites on the individual(s) who facilitated the transactions that eventually left preneed trusts and permanent maintenance trusts depleted. For the… Continue Reading

Tennessee’s Preneed Legislation: the cost of doing business

Posted in Consumer Advocates, Fiduciary, Funeral, Legislation, Preneed, Reform
The preneed bill that angered the Funeral Consumers Alliance in February continues to advance within the Tennessee legislature. SB 2705/HB 2763 has been placed on the calendar for the Commerce Committee for April 1st. If passed, the legislation may well make Tennessee the first state to lower its preneed trusting requirement. Despite the need for better consumer protections,… Continue Reading

Preneed trusts and insurance investments

Posted in Preneed, Preneed Tax
One of the many issues facing regulators in the Clayton Smart debacle was the surrender of thousands of Forethought life insurance policies by a Forest Hill preneed trustee. New light will probably be shed on this issue with revelations that Robert Nelms and Clayton Smart may each have been using the same financial management company: Security… Continue Reading

Get Smart! The Missing Fiduciary

Posted in Consumer Advocates, Fiduciary, Preneed
The Clayton Smart debacle has been, and will continue to be, the subject of articles calling for preneed reform. A recent AARP article titled R.I.P. Off  will be one of the more controversial (leading to frequent citations by consumer advocates).   While the article is biased and should be rebuked by the death care industry for its various… Continue Reading