Death Care Compliance Law

• “Excluded” Cemeteries and Care Fund Distribution Options: Find Your Applicable State Laws
  In our prior post, we recommended that the Evergreen Cemetery Association explore the Minnesota trust code provisions regarding the trustee’s power to adjust (501C.1112).  This is something other “excluded” cemeteries should also consider.  By excluded, we mean cemeteries owned by associations, churches, cities or counties that are typically excluded from regulation of for-profit cemeteries.  Some... […]
  Bill Stalter
• Brainerd’s Evergreen Cemetery Association: a solution may already exist
  The Funeral Director Daily recently wrote about the Evergreen Cemetery Association in Brainerd, Minnesota.  Like so many cemeteries, Evergreen is running a deficit and its board is worried about the future.  The Funeral Director Daily suggests the situation cries out for a relaxation of government restrictions over the Association’s care fund.  If the cemetery could... […]
  Bill Stalter
• Cemetery Preneed Pivot: Do’s and Don’ts for the Prearrangement Contract
  In our next post on cemetery preneed, we want to revisit a post from June 2012 (Cemetery Preneed Challenges: bucket accounting).  As discussed in that post, the cemetery prearrangement differs from its funeral counterpart because the cemetery can deliver property and merchandise prior to the purchaser’s death.  When establishing a preneed program, a cemetery will... […]
  Bill Stalter
• Cemetery Preneed Pivot: Creating Cremains Options for Lot Owners
  While preserving traditional burials should be a cemetery’s top preneed priority, a priority should also be placed on the surviving lot owner that is opting for cremation.  The Wirthlin studies that we’ve been referencing in prior posts suggest that most grave spaces sold by cemeteries during the past 20 years will never be used.  One... […]
  Bill Stalter
• Cemetery Preneed Pivot: Ditch the Forfeiture Clause
  When selling interment rights on a preneed basis, it was once very common for cemeteries to include a forfeiture clause in the sales agreement.  If the consumer used installment payments to pay for a grave space and defaulted on that payment plan, the terms of the contract would declare all payments applied to the contract... […]
  Bill Stalter
• Cemetery Preneed Pivot Priority #2: Lot Owners who still want a burial
  In continuing with our last post about a cemetery preneed pivot, the cemetery operator seeking to improve its burial revenues can initiate a preneed program that first focuses on its existing lot owners.   To efficiently market to existing lot owners, the cemetery should use a questionnaire to reach out and learn the owners’ current preferences... […]
  Bill Stalter
• Cemetery Preneed Pivot Priority: Lot Owners with a Funeral Preneed Contract
  Almost thirty years ago, associations representing funeral homes, casket suppliers, vault makers, monument builders and life insurers joined together to form the Funeral and Memorialization Information Council (FAMIC).  These industries were concerned about the future impact of cremation on the traditional funeral and burial.  FAMIC used Wirthlin Worldwide to conduct research studies every 5 years... […]
  Bill Stalter
• Cemetery Revenues: It’s Time to Pivot
  For revenues, most cemeteries are dependent upon grave sales, opening/closing services, and care fund distributions.  These revenue sources have been on the decline for a decade.  As cremation trends up, fewer families are purchasing burial lots.  Those families that already own burial lots frequently don’t use them.  COVID induced financial difficulties will only accelerate the... […]
  Bill Stalter
• Missouri Seller Renewal Reports: When a Contract is not a Contract
  Prior to October 31st each year, Missouri preneed sellers must file a renewal/annual report that sets out each preneed contract issued or sold during the reporting period (September 1st through August 31st).  We recently had funeral home clients express confusion over when an arrangement with a family constitutes a preneed contract.  Some funeral homes have... […]
  Bill Stalter
• COVID and Flexible Interpretations of Preneed Contracts
  The risk of COVID to family members is causing some preneed contract holders to rethink the traditional funeral they have purchased.  During the early stages of the coronavirus spread, a handful of funerals were found to have been super spreader events.  Dozens of attendees were infected, and several deaths resulted.  Funeral homes have since implemented... […]
  Bill Stalter