For years, Illinois law has prohibited funeral homes from being named as beneficiaries to consumers’ life insurance policies. In response to frauds committed by National Prearranged Services (NPS), many states amended their preneed laws to prohibit life insurance ownership by a funeral home. NPS had structured its preneed program as owner of insurance policies sold
Preneed
Cemetery Preneed Pivot: Do’s and Don’ts for the Prearrangement Contract
In our next post on cemetery preneed, we want to revisit a post from June 2012 (Cemetery Preneed Challenges: bucket accounting). As discussed in that post, the cemetery prearrangement differs from its funeral counterpart because the cemetery can deliver property and merchandise prior to the purchaser’s death. When establishing a preneed program, a…
Cemetery Preneed Pivot: Creating Cremains Options for Lot Owners
While preserving traditional burials should be a cemetery’s top preneed priority, a priority should also be placed on the surviving lot owner that is opting for cremation. The Wirthlin studies that we’ve been referencing in prior posts suggest that most grave spaces sold by cemeteries during the past 20 years will never be used. One…
Cemetery Preneed Pivot Priority: Lot Owners with a Funeral Preneed Contract
Almost thirty years ago, associations representing funeral homes, casket suppliers, vault makers, monument builders and life insurers joined together to form the Funeral and Memorialization Information Council (FAMIC). These industries were concerned about the future impact of cremation on the traditional funeral and burial. FAMIC used Wirthlin Worldwide to conduct research studies every…
Cemetery Revenues: It’s Time to Pivot
For revenues, most cemeteries are dependent upon grave sales, opening/closing services, and care fund distributions. These revenue sources have been on the decline for a decade. As cremation trends up, fewer families are purchasing burial lots. Those families that already own burial lots frequently don’t use them. COVID induced financial difficulties will only accelerate the…
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. …
COVID and Flexible Interpretations of Preneed Contracts
The risk of COVID to family members is causing some preneed contract holders to rethink the traditional funeral they have purchased. During the early stages of the coronavirus spread, a handful of funerals were found to have been super spreader events. Dozens of attendees were infected, and several deaths resulted. Funeral homes have since implemented…
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’s Religious Cemeteries: a Preneed No Man’s Land
As suggested in our prior Cemetery Preneed Exemption post, Missouri’s endowed care cemetery law (Chapter 214.270 et seq) has a huge flaw when it comes to religious cemeteries: they are either all in or all out. Religious cemeteries often have good cause for seeking exemption from state endowed care laws. Our religious cemetery clients…
Finally a Missouri Cemetery Preneed Exemption: Sort of.
The Missouri State Board of Embalmers and Funeral Directors recently promulgated a rule (20 CSR 2120-3.560) to exempt certain cemetery operators from preneed licensing with the State Board. The rule was a long time coming. We first wrote about preneed licensing confusion for Missouri cemeteries back in 2009 (Lost in the translation:…