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Death Care Compliance Law

Preneed: A Pandora's Box of Problems

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Self Administered Preneed: too convenient

By Bill Stalter on November 6, 2010
Posted in Preneed

The earliest form of preneed consisted of a depository account at the local bank. Often, the paperwork included a statement of goods and services describing the individual’s preferences. The account was set up so that the funeral director could access the account upon the consumer’s death. The statement of goods and services would then be…

Getting to know your banker: Missouri’s Joint Accounts

By Bill Stalter on August 30, 2010
Posted in Missouri - SB1, Preneed

Missouri preneed law (past and present) authorizes three forms of funding: trusts, insurance and joint accounts. Of the three, joint accounts have been used by many rural funeral homes that did not want the hassles of trusts and insurance. But with new reporting requirements, these funeral homes are on the clock to pull together information…

Missouri’s Preneed Funding Agents: You want what?

By Bill Stalter on August 24, 2010
Posted in Missouri - SB1

Missouri’s preneed seller renewal forms include reports regarding each contract that is funded either by a trust, a joint bank account or an insurance contract. What may not be apparent to both funeral homes and funding agents is the requirement under SB1 that the funding agent attest to the accuracy of the information set out…

Missouri Legislation: a final expense trust

By Bill Stalter on April 4, 2010
Posted in Legislation, Missouri - SB1, Preneed

The General Laws Committee of the Missouri Senate will hold a hearing this Wednesday (April 7th) on SB 1025. This bill provides hope to many small, rural funeral directors who would rather avoid the preneed transaction and the regulatory morass of SB1.

The bill would add a new Section 208.010.5 whereby individuals seeking to…

Bad Paper: Missouri’s looming audit dilemma

By Bill Stalter on November 23, 2009
Posted in Missouri - SB1, Preneed

The Missouri Funeral Director and Embalmer Association provided crucial support to the passage of Senate Bill No. 1, but the heart of the association’s membership, the mom and pop operators, may now be second-guessing that decision.

SB1 provides regulators the authority to audit or examine preneed trusts and joint accounts, including those established prior to…

Start Preparing a Plan

By Bill Stalter on November 5, 2009
Posted in Missouri - SB1, Preneed

In May 2009, the American Funeral Director editorial advised that fixing preneed has to be a cooperative effort, and that the industry needs to agree upon a plan before attempting to legislate a fix. In that same month, the Missouri legislature passed a ‘fix’ to the NPS abuses that incorporated provisions from a mixed bag…

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…

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Topics

  • Associations
  • Cemeteries
    • Care Funds
      • Cemetery Master Trusts
      • Unitrust
    • Preneed Development
      • Price Protection
  • Cemetery Development
  • Churches/Ritual
  • Compliance
    • Administration
    • Exams/audits
    • Investments
    • Recordkeeping
    • Reporting
    • Taxes
  • Consumer Advocates
  • Cremation
  • Fiduciary
  • Funeral
  • Funeral Home Business Practices
    • Preneed Development
      • Price Protection
    • Preneed Shortfalls
    • Total Return Trust
  • IFDA
  • Legislation
  • Master Trusts
  • Missouri – SB1
  • NPS/Lincoln
  • Preneed
    • Guaranteed
    • Insurance Funded
    • Non-guaranteed
    • Trust Funded
  • Preneed Development
  • Preneed Tax
  • Preplanning
  • Reform
  • Supulcher/Preference Laws
  • Transition Documents
    • Final Expense Trust
    • Power of Attorney
    • Prepaid Funeral Contract
    • Right of Sepulcher
  • Uncategorized

Archives

Recent Upates

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  • The Plight of Cemetery Care Funds: Who’s to Blame?
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Stalter Legal Services, LLC
5350 W. 94th Terrace, Suite 202
Prairie Village, KS 66207
Phone: 913.378.9920
Preneed Resource Company
5350 W. 94th Terrace, Suite 202
Prairie Village, KS 66207
Phone: 913.378.9922
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