When the MFDEA Preneed Portability video disclosed that expense distributions were being paid from the Missouri Funeral Trust to the association, we thought it was appropriate to revisit prior blog posts about the failures of association master trusts in Illinois, Wisconsin, Minnesota and California. Those state association master trusts were forced to close, to restructure
NPS Receivership Wind Down: Does this foreshadow an end to Missouri Third Party Sellers?
Late in 2021, PNC Bank threw in the towel. After years of litigation and two appeals, PNC Bank agreed to a settlement with the NPS special deputy receiver. Last month, our Illinois clients began receiving POC notices from the SDR that a portion of their claims for inflation would be honored. Payment of funeral home…
Missouri Preneed Portability: Contract Transfers
We are continuing with our posts to correct the misstatements made by the MFDEA in its May 24th video on Missouri law and preneed portability. At minute 28:50 of the video, the association’s general counsel states that with regard to the transfer of preneed contracts, a successor seller must execute a State Board affidavit…
Setting the Record Straight: Derailing Missouri Preneed Reform
In this post we are breaking a rule that we have followed since the startup of the blog: maintaining the anonymity of a source. In our post Derailing Missouri Preneed Reform we referred to our source as having an irrefutable reputation within the industry. Those who follow this blog instantly understood that the statement had…
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 $64 Million Dollar Question: Is the Money there?
While the Missouri State Board of Embalmers and Funeral Directors’ Complaint against the Missouri Funeral Trust alleges the program has failed to maintain adequate records, documents and oversight, funeral directors want to know whether the trust is adequately funded. Although the State Board raised issues with some contracts reported with zero deposit balances, 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…
MFT Complaint: Insurance Contract Records
Paragraph 26c of the Complaint filed by the Missouri State Board of Embalmers and Funeral Directors alleges that the Missouri Funeral Trust fails to maintain “records regarding the insurance policies for insurance funded preneed contracts….” We suspect this claim may be directed at a practice where the MFT trustee has accommodated funeral homes that have…
The MFT Complaint: Principal in Excess of the Preneed Contract
Paragraph 26b of the Complaint filed by the Missouri State Board of Embalmers and Funeral Directors alleges that the Missouri Funeral Trust fails to maintain “records that explain why the principal held in trust exceeds the face value of the preneed contract associated with that account…” We anticipate that this claim is considering the contract…
The Proceeding against The Missouri Funeral Trust: The Long Build Up
We start our review of the case against the Missouri Funeral Trust with the procedural issues raised in the State Board’s Complaint and MFT’s Answer. From the Answer, we learn that the preneed financial examination was initiated on January 20, 2011. But, it was almost three years before an examination report was sent by…