Preneed: A Pandora's Box of Problems
The Topeka Capital-Journal has identified the essence of the Secretary of State’s plan for Kansas cemetery regulation: addressing cemetery problems before the trusts go upside down.
There are two types of cemetery trusts: perpetual care trusts and preneed trusts. Perpetual care trusts (or permanent maintenance trusts) provide the cemetery crucial funding for mowing, and the…
With two of the nation’s top ten college basketball teams, Kansans are exhibiting clear symptoms of March Madness. With Topeka located between Lawrence and Manhattan, bipartisanship may be tested as tensions mount this week with the Big 12 tournament and the NCAA seedings announcement on Sunday. When Kansas legislators resume their meetings the week of…
Regulators in Missouri and Kansas will be pursuing legislation this spring for more authority in providing oversight to cemeteries. With its Burr Oak problems, Illinois can’t be too far behind.
Whether it is the economy or the unscrupulous owner, regulators are finding they lack both the expertise and authority to properly protect the cemetery consumer.…
Death care regulators seem to believe that the majority of funeral home and cemetery operators are honest and well intended. But, the regulators must contend with the occasional operator who views trust funds as their own. Before taking offense with the regulator’s skepticism, operators need to reflect on the arrogance of operators such as those reflected in a…
Like the Swine Flu, a preneed virus has been spreading across the Midwest. Looking for a cure, state legislators and regulators have been forming research teams. It all started last summer, with Missouri’s Chapter 436 (funeral) working group and Chapter 214 (cemetery) working group. Now, Illinois is establishing a preneed task force, and Kansas…
So why is it so tough to provide preneed portability? Because the transaction has been defined by state law as a contract between a consumer and a death care company, and federal regulators tend to agree. When the issue has arisen in the context of federal preemption, the interests of the state regulator have prevailed…