Preneed: A Pandora's Box of Problems
Cemetery owners have two choices for their care fund trust: the local bank or the national bank that solicits death care trusts.
When the local bank is used, the care fund is typically administered like an estate planning trust. The bank’s compliance office may be unfamiliar with the applicable state cemetery law and its restrictions…
The care fund trust is a source of frustration for most cemetery operators. Rather than offsetting maintenance expenses, the care fund is a state-mandated money pit. A percentage of grave sales must be deposited to trust with little or no income being paid back to the cemetery by the trustee. For the average-sized care fund…
We believe three fiduciary powers are crucial to reviving cemetery care funds: investment diversification, unitrust elections and the power to adjust. It has been more than 12 years since we first posted about the need to repair cemetery care funds (Cemetery Endowed Care Funds and the Fixed Income Investment). That post touched on…
PNC Bank has been hit with $15 million of punitive damages because Allegiant Bank did not know its client.
Before opening a fiduciary account, banks are required to perform due diligence on the trust’s grantor and on the trust’s purposes. Such due diligence is referred to as ‘know your client’ or “KYC”. KYC requirements had…
We continue our discussion of the composite Federal Form 1041QFT with a post about the individual account statement.
With the composite return, income and expenses are allocated to the individual preneed account and taxes are computed at that level rather than at the trust level. To allow the IRS to test the composite tax liabilities,…
A Missouri funeral home client recently had a consumer with a trust funded contract cancel their prearranged funeral and request a refund. The contract was sold subsequent to the 2009 law change, which provides the consumer a refund equal to all payments in excess of a 5% origination fee. Missouri law allows sellers to withdraw…
For an industry that has been dependent on interest income, the past 9 years have been tough on the death care industry. Interest rates started to decline 9 years ago, with the bottom hitting in 2008. Zero interest rates forced death care fiduciaries to diversify into equity investments, but trusts have experienced a sideways market…
The Illinois Department of Revenue made a revision to Schedule M of the 2014 IL-1041 form that may go unnoticed by many trust tax preparers. The change is meant to clarify that preneed accounts established pursuant to the Illinois Funeral or Burial Funds Act may take an adjustment that will eliminate the preneed trust’s state…
For Fed watchers, last week’s announcement signaled a subtle warning that interest rates will likely begin rising by the Summer of 2015. Since September of 2012, Federal Reserve statements have warned that interest rates would remain unchanged for “a considerable time” after the nation’s economic recovery strengthened. The reference to “a considerable time” was dropped…
The Memorial Business Journal’s July 10th story on the NFDA 2014 consumer survey included a commentator’s suggestion that preneed funding has declined because so few options are offered the consumer. The story’s commentators interpreted the decline in preneed funding as reflecting fewer consumers being motivated by price guarantees, and those that might be, need…