Death Care Compliance Law

• Missouri Funeral Trust: Is there anything to be learned from Wisconsin?
  When the MFT’s previous preneed exam was making news during the summer of 2015, reorganization plans were being filed for the Wisconsin Master Trust and the California Master Trust.  As we reported in “Association Master Trusts: De Facto Trustees”, each reorganization plan sought to eliminate the association’s de facto trustee relationship that had led to... […]
  Bill Stalter
• Missouri Funeral Trust: Just how much is this costing consumers and funeral homes?
  When the MFDEA Preneed Portability video disclosed that expense distributions were being paid from the Missouri Funeral Trust to the association, we thought it was appropriate to revisit prior blog posts about the failures of association master trusts in Illinois, Wisconsin, Minnesota and California.  Those state association master trusts were forced to close, to restructure... […]
  Bill Stalter
• Trump Memorial Gardens: New Jersey Cemetery Exemption
  A few days after Ivana Trump’s burial, we received our first call asking about Missouri law and tax breaks for cemeteries.  The first caller had descendants buried on grounds that had been taken over by a golf course, and he was inquiring whether the Missouri golf course could be receiving tax benefits by virtue of... […]
  Bill Stalter
• Missouri’s New State Funeral Board: Starting under a Whistleblower Cloud
  Missouri’s new State Board will have its first meeting this week, and one week after the State was sued by a former State Board employee.  The lawsuit alleges that the Division of Professional Registration usurped State Board authority to fire employees who had defied Division Director warnings to stand down.  What we now know through... […]
  Bill Stalter
• The Missouri Preneed Trust acquisition: What were you thinking?
  The Missouri Preneed Trust: What were you thinking? Investment markets are down, and preneed trusts are hurting.  But one Missouri preneed trust is probably hurting more than others.  When the Missouri Funeral Directors and Embalmers Association cheerfully announced the acquisition of the Missouri Preneed Trust program by its own MFT, we were shocked.  The Missouri... […]
  Bill Stalter
• Missouri Preneed Portability: Out of State Funeral Home Providers
  With this post we are returning to the misstatements made by the Missouri Funeral Directors and Embalmers Association in their May video explaining preneed portability.  At minute 10:18 of the MFDEA video, the association attorney advises that Chapter 436 only allows transfer of preneed contracts to funeral homes licensed by the Missouri State Board.  Employing... […]
  Bill Stalter
• NPS Receivership Wind Down: Does this foreshadow an end to Missouri Third Party Sellers?
  Late in 2021, PNC Bank threw in the towel.  After years of litigation and two appeals, PNC Bank agreed to a settlement with the NPS special deputy receiver.  Last month, our Illinois clients began receiving POC notices from the SDR that a portion of their claims for inflation would be honored.  Payment of funeral home... […]
  Bill Stalter
• Missouri Preneed Portability: Contract Transfers
  We are continuing with our posts to correct the misstatements made by the MFDEA in its May 24th video on Missouri law and preneed portability.  At minute 28:50 of the video, the association’s general counsel states that with regard to the transfer of preneed contracts, a successor seller must execute a State Board affidavit and... […]
  Bill Stalter
• Portability and Missouri Preneed Law: Seller Expenses
  A few weeks ago the Missouri Embalmers and Funeral Directors Association posted a YouTube video explaining their take on preneed portability under Missouri law.  The MFDEA frequently posts videos in response to industry queries, and for the association to spend 37 minutes on portability suggests that it is fielding numerous requests from MFT providers.  The... […]
  Bill Stalter
• End of Life Planning: An Inventory
  COVID is forcing American families to confront end-of-life planning.  There are numerous articles on the subject, but NPR published one during the summer of 2020 that made a recommendation that is often overlooked: creating an inventory.  My wife, the list maker, established our first inventory 30 years ago when our first child was born.  Over... […]
  Bill Stalter