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Death Care Compliance Law

Preneed: A Pandora's Box of Problems

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The Wulf Conviction: Defining a New Fiduciary Standard for Fund Managers?

By Bill Stalter on August 24, 2013
Posted in Master Trusts, Preneed

The jury did not buy the Wulf defense, and now the former NPS fund manager faces a much, much longer prison term than Doug Cassity. To get a better understanding of the positions taken by the prosecution and the defense, we will seek briefs and jury instructions. However, the US Attorney’s press release gives some…

The NPS Criminal Trial: Vicarious Liability?

By Bill Stalter on August 3, 2013
Posted in Fiduciary, Investments, Master Trusts, NPS/Lincoln, Preneed

David Wulf may stand alone in the crosshairs of the criminal prosecutors, but his fate will impact the NPS preneed trustees (and possibly other registered investment advisors who manage death care funds).

Mr. Wulf had a situation that is unique from what existed in Illinois, Wisconsin, and Tennessee, but is familiar to other death care…

Coming This August: The Nuremberg Trial

By Bill Stalter on July 12, 2013
Posted in NPS/Lincoln

 Once again, I have spoken too quickly.

After lamenting to the Memorial Business Journal that the NPS plea bargains will deprive consumers and the industry the opportunity to hear how Doug and his crew perpetrated so many frauds, the sole remaining NPS defendant may grant my wish. As the Funeral Service Insider reports that Herr…

William Stalter is the founder of Stalter Legal Services and the Preneed Resource Company. Bill focuses his law practice on preneed and death care compliance, serving banks, funeral homes, crematories, and cemeteries. He has written multiple published articles…

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Topics

  • Associations
  • Cemeteries
    • Care Funds
      • Cemetery Master Trusts
      • Unitrust
    • Preneed Development
      • Price Protection
  • Cemetery Development
  • Churches/Ritual
  • Compliance
    • Administration
    • Exams/audits
    • Investments
    • Recordkeeping
    • Reporting
    • Taxes
  • Consumer Advocates
  • Cremation
  • Fiduciary
  • Funeral
  • Funeral Home Business Practices
    • Preneed Development
      • Price Protection
    • Preneed Shortfalls
    • Total Return Trust
  • IFDA
  • Legislation
  • Master Trusts
  • Missouri – SB1
  • NPS/Lincoln
  • Preneed
    • Guaranteed
    • Insurance Funded
    • Non-guaranteed
    • Trust Funded
  • Preneed Development
  • Preneed Tax
  • Preplanning
  • Reform
  • Supulcher/Preference Laws
  • Transition Documents
    • Final Expense Trust
    • Power of Attorney
    • Prepaid Funeral Contract
    • Right of Sepulcher
  • Uncategorized

Archives

Recent Upates

  • The Plight of Cemetery Care Funds: State Associations
  • The Plight of Cemetery Care Funds: Is the Fiduciary to Blame?
  • The Plight of Cemetery Care Funds: Who’s to Blame?
  • Cemeteries and the Rosebrough Monument Rules: Reviving an old Restraint of Trade Trick
  • Defining the Right of Sepulcher with a POA: An Express Power that Can Not be Implied

Links

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  • Have the Talk of a Lifetime.
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  • The Preneed Resource Company
Stalter Legal Services, LLC
5350 W. 94th Terrace, Suite 202
Prairie Village, KS 66207
Phone: 913.378.9920
Preneed Resource Company
5350 W. 94th Terrace, Suite 202
Prairie Village, KS 66207
Phone: 913.378.9922
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