Many preneed trusts either experienced significant capital losses last year or are sitting on assets that have unrealized losses. For those trusts that have taken a Section 685 election, these losses may be carried into future years as a capital loss carryover. While everyone would prefer to avoid realizing those losses, that loss can be
But the Senator’s answers are relevant
U.S. Senator Roland Burris has been sidestepping questions about his role(s) in the IFDA master trust troubles. While the Senator was a side issue to a March 30th article published by the Springfield Journal Register, the statement provided by his public-relations specialist may signal just how little Mr. Burris understood about his responsibilities to the…
Missouri’s Trusting War: SB1 vs. HB 853
Consumers and funeral directors are asking their state regulators how they let the National Prearranged Services collapse to happen. With the exception of Missouri and Iowa, the NPS preneed contract was generally an insurance-funded transaction, and state insurance regulators are taking most of the heat. It is a very different story in Missouri, as witnessed…
Preneed Due Diligence: trust funded programs
Greed
Funeral directors who rejected NPS’ promises may feel justified in criticizing those who are asking for help. Generally, their criticism is that NPS exploited funeral directors’ greed. With regard to some trust rollovers, that may be true. But, what NPS best exploited was funeral directors’ desire to devote their time to the service of…
Caught in a crossfire: the IFDA
It didn’t take long for an Illinois funeral director to confirm that IFDA members have disagreements with their association leadership.
Several Illinois funeral homes filed a lawsuit in Cook County Circuit Court on January 28th. The petition, a derivative complaint, seeks remedies and damages on behalf of all Illinois funeral homes that participated in the IFDA master…
Going cold turkey on the guaranteed preneed contract
It has to be bad when your main source tells you its time for the Methadone clinic. With the worst financial crisis in our lifetime, and spiraling costs, what funeral director isn’t already battling a case of the sweats and shakes when reviewing his/her preneed program? And now you’re being told to go cold turkey on …
Illinois Funeral Directors: whipsawed
The IFDA master trust turned a new page today, and for participating funeral homes, the first step in a long recovery process. With the appointment of Merrill Lynch Bank & Trust as a temporary trustee, the association begins the process of looking for a permanent trustee. The appointment also coincides with the trust’s accounts being…
NPS, AIG, WaMu and those preneed funds
During the long and tedious Chapter 436 hearings, some Missouri funeral directors joined consumer advocates in using the NPS failure as reason for recommending that legislators impose 100% trusting on the preneed transaction. Those funeral directors generally advocated the use of insurance or joint accounts as safer methods of preneed funding. During regulatory meetings, comments were also made about how…
Un-parking those death care trusts: diversification
The American Funeral Director recently published Curtis Rostad’s rebuttal letter to a prior story titled “Debunking the Trust Myth”. That same story earned a post on this blog site. While I agree with Mr. Rostad’s views, the sad truth is that many death care trusts do not perform as well as the Indiana Master Trust. It…
The Section 685 QFT amendment: Supporting Soldiers’ Survivors
If the President signs the Hubbard Act (H.R. 6580), the qualified funeral trust will have the capability to fund all of an individual’s final expenses. When enacted, Section 685 imposed a $7,000 cap on the preneed trusts that could elect special tax treatment. While the limitation increased annually, the cap was too low to permit funding…