A Google search of “state funeral association master trust” will return hyperlinks to dozens of state funeral director associations. In the 1970’s, funeral associations began establishing master preneed trusts as an alternative to passbook savings accounts. As preneed gained acceptance with funeral directors, the associations saw the opportunity to provide administration and create a revenue
Master Trusts
Missouri’s Record Keeping Meeting(s): A Date to Be Determined
In preceding posts, we have outlined recommendations to the Missouri State Board of Embalmers and Funeral Directors regarding the preneed examination process and record keeping requirements. While our correspondence was not included on the Board’s December 13th agenda, the Board entertained a motion to amend the agenda to include our correspondence on the afternoon…
The MFT Complaint: Rollovers and Sellers
In our prior post, we looked at Paragraphs 39 through 52 of the Complaint filed against the Missouri Funeral Trust, and the implications of Missouri’s Common Trust Fund law. In this post we will look at paragraphs 79 through 95 of the State Board Complaint, and what exposures rollover funeral homes could have.
The Complaint…
The MFT Complaint: Assumption of Duties of a Prior Seller
In Paragraphs 35 through 38 of the Complaint filed against the Missouri Funeral Trust, the State Board of Embalmers and Funeral Directors seek discipline against MFT for its inability to produce copies of contracts sold by a funeral home that transferred its trust to MFT. The original seller funeral home apparently amended several of its…
Missouri’s Funeral Consumer Board: Another Step Closer
With the support of the Missouri Funeral Directors and Embalmers Association, The Funeral Consumer Board Bill (HB 596) was voted out of committee last week with a crucial amendment. As reported in our January 19th post, Rep. McGaugh wants a preneed regulator that is more responsive to the consumer. The Representative’s…
Preneed Trusts and Value Allocations: Total Return vs Income Return
As discussed in our prior post, funeral homes are becoming increasingly dependent upon their preneed trustee for individual account administration. Many trustees that provide account administration rely upon programs that use tax cost basis accounting. (For a prior discussion of tax cost basis see “Consumer Options and Administrative Hurdles: Market Value Allocations”.) Tax…
The Missouri Fund Manager: What was Grandfathered?
There seems to be some confusion in Missouri over the permissible contractual relationships among the preneed seller, the preneed trustee and the independent investment advisor. Prior to the collapse of NPS, and the subsequent amendment of Missouri’s preneed law, Chapter 436 allowed the preneed seller to incorporate provisions in its preneed trust agreement to instruct…
The Missouri Funeral Trust Lawsuit: Is Investment Performance a Trade Secret?
The MFT did not catch a break with the court assigned to its lawsuit against the Missouri State Board of Embalmers and Funeral Directors and Catholic Fraternal Life. The hearing scheduled for September 28th was continued for another four weeks, and in the meantime, the parties continue to file evidentiary discovery requests. The Association’s…
Trust Shortages: Sponsorship Fees
It was been almost 7 years since we posted the piece titled “Trade Association Membership: weighing the costs vs. the benefits”. Towards the end of that article, we discuss how the master trust sponsor fee provides a crucial source of revenue to state associations. That post was written subsequent to the dissolution of…
Preneed Trust Shortages: Investment Management Fees
One strength of the state association master trust is that it can provide the ‘critical mass’ required for economies of scale to reduce trust management costs. As the state master trust grows in size, the association can better negotiate asset management arrangements. However, the reality has been very different for these programs. The reorganization of…