This past August we received an email from the Gottcha Board asking about availability to attend a closed meeting call. Anticipating a client was in trouble, we responded that we would accommodate the Board’s request. However, the Board’s purpose for the call was to make an inquiry about representation to resolve the dispute with the
missouri
Missouri’s Gottcha Board: Drilling Deeper
This past Friday morning, news outlets across the country picked up an Associated Press story regarding Governor Parson’s October ouster of Missouri’s Gottcha Board. (For those not familiar with the Missouri State Board of Embalmers and Funeral Directors, the tag “Gottcha Board” was first given to the Board in 2020 by the Missouri Funeral…
Missouri’s Division of Professional Registration: Out of the Frying Pan into the Fire
The State of Missouri seems hell-bent on creating work for Jefferson City attorneys. As we reported earlier this summer (You were Warned!), the Division of Professional Registration blundered in its first move to control how the State Board of Embalmers and Funeral Directors conducts inspections of funeral homes. Since then, the Division has…
Missouri Funeral Home Inspections and Pictures: You Were Warned!
A festering dispute between Missouri’s State Funeral Board and funeral directors association came to a head in a public conference call today. The State Board scheduled the meeting in response to its parent agency (the Division of Professional Registration) blocking the Board’s hiring of an investigator. The Board held the meeting to discuss what actions…
Missouri Seller Renewal Reports: When a Contract is not a Contract
Prior to October 31st each year, Missouri preneed sellers must file a renewal/annual report that sets out each preneed contract issued or sold during the reporting period (September 1st through August 31st). We recently had funeral home clients express confusion over when an arrangement with a family constitutes a preneed contract. …
Missouri Endowed Care Audits: Veering off the Legislature’s Intent
In our third post on Missouri’s endowed care cemetery audits we look at the request for the cemetery’s legal documents. The current audit notice requests copies of the cemetery’s trust agreement, rules and regulations, contract forms, deed forms, brochures and any other materials making an endowed care representation. In essence, the audit is going to…
Missouri Care Fund Audits: Following the Money
Our previous post discussed care fund audits and the tracking of a cemetery’s property sales and care fund liability. The next step of the audit process is following the money to the care fund trust (and the back from the trust to the cemetery). For these purposes, the Missouri audit notice requests trust statements from…
Missouri Care Fund Audits: Tracking IR Sales and Trust Deposits
Missouri is catching up on its auditing of licensed endowed care funds. Within the past couple of months, most of our Missouri endowed cemeteries received the attached notice requesting reports and documents for audit. In prior posts, we have suggested that the Office of Endowed Care Cemeteries (OECC) audit process should be revised. Our next…
Missouri Cemetery Associations and Preneed: So Many Obstacles
In contrast to Missouri’s Chapter 214, most states’ cemetery laws do not exempt all cemetery associations from care fund requirements. We do find that some states exempt small non-profit cemeteries (typically based on acreage). Some states limit non-profit cemetery exemptions to grandfathered situations (a cemetery established prior to 1940). These small cemetery associations are more…
Missouri Exempt Cemeteries: The Exception that is the Rule
When Missouri’s endowed care law was passed in 1994, all cemeteries were required to register with the Office of Endowed Care Cemeteries. Cemeteries can seek licensing as either an endowed care cemetery or a non-endowed cemetery, or the cemetery could claim it was exempt from Chapter 214 pursuant to the definition of “Cemetery” pursuant to…