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: lawsuit

NPS Trustees: Pre-acceptance Due Diligence

Posted in Compliance, Fiduciary, Missouri - SB1, NPS/Lincoln
The Office of the Comptroller of the Currency (the OCC) supervises the fiduciary activities of national chartered banks, and in February, updated the guidelines used by its examiners.  The “Personal Fiduciary Activities” booklet includes a section on pre-acceptance due diligence that fiduciaries should conduct before agreeing to serve as trustee for an account.  Page 7… Continue Reading

Testimony Guidelines for the NPS Experts

Posted in NPS/Lincoln
In August, litigants to the NPS civil trial were required to file expert opinion reports with the court.  Initially, there were essentially 8 defendant banks, and most had retained one or more experts to testify at trial.  As a consequence, a plethora of expert reports were filed with the court.  Many of the experts offered… Continue Reading

The Cassity Reply to Dismissal: Not Without a Pass for My Son

Posted in NPS/Lincoln, Uncategorized
Doug Cassity has filed a motion to modify the order dismissing him from the SDR’s civil lawsuit.  Mr. Cassity asserts that he and his family should be freed of the reign of terror and wrongdoing of the Texas regulators and their attorneys.  Seeking a dismissal with prejudice, Mr. Cassity seeks to have the SDR’s claims dropped permanently… Continue Reading

Pennsylvania: knocking down fences

Posted in Cremation, Funeral
Heritage is the term that the death care industry uses to describe the relationship each funeral home or cemetery attempts to forge with the community through years of service. Heritage reflects a commitment to the community, and through that commitment, the operator can expect the community’s business. Initially, the vast majority of funeral directors fought… Continue Reading

The IFDA: Charting a Correcting Course

Posted in IFDA
As reported by the Memorial Business Journal*, the Illinois Funeral Directors Association has taken back the helm. For the past three years, the IFDA has been a floundering ship in risk of sinking. The master trust that paved the Association’s growth, has been threatening to bring it down. The IFDA took a crucial step to… Continue Reading

The Next Twist in the IFDA/Merrill Lynch saga

Posted in Funeral, IFDA
The Springfield Journal-Register reported last week on the latest lawsuit to hit Merrill Lynch, the IFDA and the law firm that represented the Association. One aspect of the lawsuit focuses upon the claim that the key man insurance policies sold to the master trust were not suitable investments. Without an insurable interest, the policies could… Continue Reading

A Christmas Carol: the future of the IFDA

Posted in IFDA
The Illinois Funeral Directors Association is living out its own version of A Christmas Carol, with the Ghost of Yet to Come having painted a fate similar to that of Scrooge. The court decision reported by the Memorial Business Journal* has all but sealed the fate of the Association. While the attorneys can continue to… Continue Reading

Step Out of the Box: a California request

Posted in Compliance
According to Wikipedia, Regulation is "controlling human or societal behavior by rules or restrictions." Regulation can take many forms including legal restrictions promulgated by a government authority……. So, regulators are charged with the task of interpreting “legal restrictions” and determining what businesses can or cannot do. When the applicable law is well drafted, and further… Continue Reading

The Zeal for Independence: The NPS investment advisor

Posted in NPS/Lincoln
The wait for Ms. Garrett’s lawsuit against NPS, the Cassity family (and anyone remotely connected with the Cassity Consortium) ended on August 7th. If half of the allegations made in the NPS Complaint are true, the misconduct perpetrated on funeral homes and consumers is shocking to say the least. The Complaint provides a bevy of… Continue Reading

Caught in a crossfire: the IFDA

Posted in Preneed
It didn’t take long for an Illinois funeral director to confirm that IFDA members have disagreements with their association leadership.  Several Illinois funeral homes filed a lawsuit in Cook County Circuit Court on January 28th.  The petition, a derivative complaint, seeks remedies and damages on behalf of all Illinois funeral homes that participated in the IFDA master trust.  Various… Continue Reading

The Archdiocese of Louisville Lawsuit: attorney error

Posted in Churches/Ritual, Funeral
Trust a lawyer to add to the tension between clergy and the funeral director.   A Kentucky priest felt the need to re-establish the ground rules for funerals conducted in his parish, and a local funeral director took offense.   Claiming the rules were "an intentional and wrongful interference" with his business, the funeral director brought suit against the Archdiocese of Louisville.   The lawsuit has the unfortunate… Continue Reading

The NPS Class Action Lawsuit: James & Gahr

Posted in NPS/Lincoln, Preneed
The class action lawsuit brought against the NPS affiliates on Friday, June 20th reflects the despair that some funeral directors are experiencing over the situation. Although litigation to recover assets from the Cassity Empire was inevitable, this lawsuit has flaws that need to be corrected through an organized effort brought by the states’ regulators. Funeral homes… Continue Reading