We previously discussed how the funeral home or cemetery assumes most of a preneed trust’s investment risk when selling a guaranteed preneed contract, and therefore should be afforded a role in the trust’s investment decisions (Fund Managers: Is Your O&E Coverage Current?). But in that same post, we were careful to point out
missouri
Checks and Balances: Who has your back?
By Bill Stalter on
In the days that followed the Wisconsin Funeral Directors Association being placed into receivership, some of the WFDA’s sister associations were quick to point out they had ‘checks and balances’ that would protect consumers’ funds from the problems that tripped up the Wisconsin Funeral Trust. As we reported in our last post, a crucial ‘check…
A Call to Mark to Market: The NFDA
By Bill Stalter on
A short three and a half years ago, the funeral industry reeled from the collapse of National Prearranged Services and the emerging story of the Illinois Master Trust. The NFDA was slow to respond to the crisis, and when it did, this blog joined the criticism. Fast forward to September 2012, and the NFDA responds…
That Elusive Matter of Intent: Missouri insurance assignments
By Bill Stalter on
Posted in Missouri - SB1
With the backdrop of another major preneed debacle, Missouri turns its attention (yet again) to the assignment of insurance policies to funeral homes. On September 25th, the State Board of Embalmers and Funeral Directors will consider a regulation proposal addressing insurance assignments. Is it, or is it not, a preneed contract? The industry, and…
Addressing the NPS aftermath: a hard sell
By Bill Stalter on
Per capita, Missouri funeral directors were hit hardest by the collapse of National Prearranged Services. And those funeral directors who suffered the greatest losses continue to demand help from the State of Missouri. Although Missouri re-wrote its preneed law just 3 years ago, the Legislature begins hearings today on whether more legislation is …
October Chaos: Missouri Preneed Seller Renewals and Insurance Assignments
By Bill Stalter on
Posted in Missouri - SB1, Reporting
The staff for the Missouri State Board of Embalmers and Funeral Directors released the revised preneed renewal reports this week, and those revisions include a few new additional requirements. Those requirements include a seller providing a ‘no tax due’ letter, proof of corporate status and any ‘doing business as’ filings. However, the new requirement …
Out of Left Field: Missouri’s insurance assignments
By Bill Stalter on
Who can honestly say they saw this one coming?
On July 5, 2012, the Missouri State Board of Embalmers and Funeral Directors filed a complaint with the Missouri Administrative Hearing Commission against a Missouri funeral home for alleged violations of Chapter 436, including several transactions that predate Senate Bill No. 1. So, three years after the …
Cemetery Preneed Challenges: bucket accounting
By Bill Stalter on
Posted in Cemeteries, Preneed
As alluded to in our prior post, the cemetery’s ability to deliver burial rights and merchandise prior to death complicates the preneed transaction. In a post, we labeled this the ‘bucket factor’ (Cemetery Preneed Oversight: the bucket factor). In addition to burial spaces, cemeteries can deliver markers, monuments, vases, urns, outer …
Preneed vs. Preplanning: Missouri’s blurred line
By Bill Stalter on
Posted in Missouri - SB1
For some Missouri funeral homes, the ‘disagreement’ over the Section 436.405.1.(8) and insurance assignments has been brought to their doorstep. In January, the State Board and their staff debated the issue of whether insurance assignments and beneficiary designations made in favor of a funeral home should constitute a preneed contract. The State Board rejected the staff’s interpretation of…
What to Build: Fences or Bridges?
By Bill Stalter on
Every funeral home and cemetery feels the pain of this economy, but that pain runs deeper for Missouri and Illinois funeral directors. Per capita, Missouri funeral homes bore the greater brunt of the NPS collapse. In the same year NPS collapsed, the IFDA master trust was forced to divest its key man insurance policies and…