Death Care Compliance Law

• 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
• Preneed Fraud: What Statute of Limitations?
  A former Kentucky funeral director has been charged with multiple felony preneed thefts, some of which occurred 25 years ago.   Various news sources report that Donald Creech began pocketing consumer preneed payments as early as 1996. The consumer preneed payments were to have been forwarded to the Kentucky Funeral Directors Association’s master trust.   Until he... […]
  Bill Stalter
• Final Expense Life Insurance: Some Additional Considerations
  CNN underscored recently posted a good article about final expense life insurance.  Death care clients have been contacting us more frequently about this type of policy, and we will share some of their issues. Funeral homes are backing away from the conventional life insurance policy for some of the same reasons.  Large life insurance companies... […]
  Bill Stalter