Death Care Compliance Law

• 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
• One Question For the Appointee: Will You Honor the Autonomy We Gave the State Board?
  Dear Senator Schatz, We appreciate that your Senate Appointment Committee has a packed hearing date for April 20th.  So, the Missouri funeral industry not represented by the Missouri Funeral Directors and Embalmers Association requests a single question be asked of Ms. Solon: If confirmed as executive director of the Division of Professional Registration, will you... […]
  Bill Stalter
• SB3207: Help to Small Illinois Cemeteries
  With legislation introduced this past January, Illinois could join those states which expressly authorize cemetery fiduciaries to take the unitrust election and make fixed distributions to cemeteries.  Senate Bill No. 3207 proposes to amend Illinois’ Cemetery Care Act to add provisions which would define ‘total return distribution’ and thereby allow care fund trusts to make... […]
  Bill Stalter
• Missouri’s State Funeral Board: What’s Next?
  With Governor Parson withdrawing all four of his Missouri Funeral Board appointments, the industry is asking what will happen next.  The Governor’s office had been watching the festering dispute between the Division and the State Board, but was unsure whether the industry cared.  While the MFDEA’s support for the Division acting director was undeniable, the... […]
  Bill Stalter
• Setting the Record Straight: Opposition to the Missouri Division of Professional Registration
  When an Association Press story broke a few months ago, the MFDEA response was to suggest that the reporter had been influenced by individuals who were anti-Governor Parson and anti-Division.  But the reality is that funeral directors opposed to Ms. Solon’s actions are supporters of Governor Parson.  Multiple parties reached out to the Governor to... […]
  Bill Stalter
• Setting the Record Straight: The Inspection Dispute
  MFDEA members like one past president have written to the Governor to commend the Division acting director for having put an end to the State Board’s “photographic surveillance” of funeral homes.  This past president of MFDEA stated that instead of actually inspecting the funeral home, the Board inspectors were taking pictures which were then reviewed... […]
  Bill Stalter