Page A10
SEPTEMBER 2015
FUNERAL HOME & CEMETERY NEWS
S ec t i on A
Now in Use in Australia: Educational Materials by
Dr. Alan Wolfelt
5 Things to Do After
Selling Your Funeral
Home Business
FORT COLLINS,CO—
The Center
for Loss and Life Transition
has an-
nounced that
Dr. AlanWolfelt’s
train-
ing guide and educational materials for
funeral home staff and customers are
now being used
extensively through-
out Australia.
The guide, entitled
Educating the
Families You Serve About the “Why” of
the Funeral,
reviews why humans have
had funerals since the beginning of
time and explains how each of the el-
ements of the ceremony—from visita-
tion to music to the gathering after—
are essential components of the funeral.
The purpose of the guide is to edu-
cate and motivate funeral directors and
staff so they can in turn educate fami-
lies, who, as in the United States, are
increasingly foregoing more and more
healing funeral elements in favor of
simpler, cheaper, and faster disposition.
First launched in North America in
2013, the guidebook and compan-
ion consumer-facing posters and bro-
chures are now being used by a num-
ber of funeral homes in Australia. The
Australian rollout followed Dr. Wol-
felt’s keynote address to the
Australian
Funeral Directors Association’s
annual
convention in Sydney, in March 2015.
To ensure suitability for Australian
audiences, Australian funeral directors
worked with Dr. Wolfelt to adjust the
materials’ wording where American
nomenclature differed.
“I believe the greatest challenge fac-
ing funeral directors in Australia is the
need to have better conversations with
our communities about why we need
funerals,” said
Don Burstow
of
TS
Burstow Funerals
and past president
of the
Queensland Funeral Directors
Association.
“Dr. Wolfelt’s complete
Why of the Funeral package is a vital
tool to equip funeral directors to do
just that. Dr. Wolfelt’s expert teach-
ing is so easily transferred through his
brochures and posters, and in Austra-
lia it is already reigniting the passion
for our vocation, instilling confidence
to share the values of effective funerals
with those who grieve.”
INDIANAPOLIS,IN—
The decision to sell your funer-
al home is a stressful one that can occupy a majority
of your time and attention. Not only are you con-
cerned about finding the right buyer, but you’re likely
also wondering what your role will be once the sale is
complete. Still, all your work isn’t over once the pa-
pers are signed. Here are some steps to take after sell-
ing your funeral home business:
1. Assess Your Finances
It’s no secret that your monetary situation will
change after you sell your funeral home business. As
a result, the post-sale period is a good time to exam-
ine your balance sheet. Along with ensuring you have
sufficient funds to live on month to month, you must
evaluate your new tax bracket and set up a plan for re-
tirement.
2. Find a Money Manager
Once you’ve assessed your new financial reality,
it’s important that you hire a knowledgeable money
manager. Instead of letting your money languish in
savings accounts, a good money manager will locate
low-risk investments to help grow your accounts. The
goal is to ensure you are receiving the rates you de-
serve on your hard-earned savings.
3. Assess Your New Tax Burden
It’s no secret that your tax liability changes when
you buy or sell a business. While you may owe a large
quantity upfront, strategies exist to defer these re-
sponsibilities. In some cases, you can reduce your tax
burden by investing in a retirement fund or donating
to a favorite charity.
4. Inform Friends and Family
Selling your funeral home business is likely to af-
fect your available cash flow. As a result, many busi-
ness sellers recommend that you communicate with
friends and family members so they know what to ex-
pect. The goal is to avoid awkward situations should
a loved one want to borrow money or work at the
business.
5. Feel Confident in Your Decision
It’s not uncommon to feel apprehensive about an
impending funeral home sale. However, it’s impor-
tant to trust that you made the right decision for you
and your loved ones.
Contact A Funeral Management Leader
Former funeral home owners themselves, the people
behind
The
Premier Group
know how important it
is to help independent funeral home owners main-
tain their legacies. If you have a funeral home for sale,
By Atty. Harvey I. Lapin
Harvey I. Lapin, P.C., is a member of the Illinois Bar and Florida Bar. He
is a member of the faculty at the John Marshall Law School in Chicago
and is presently teaching the subject of Tax Exempt Organizations. He is
also associated with Florida-based law firm Sachs, Sax & Caplan, leading
the firm’s Funeral, Cemetery and Cremation Practice Group.
He has written numerous articles on the subject of taxation, funeral
and cemetery law.
The subject discussed in this article and future articles resulted from
the questions from readers. The author is licensed to practice law in
Illinois, Florida and Wisconsin. He has been involved with legal mat-
ters related to the industry in almost every state and can be reached by
phone at 847-334-1983 or by email at
.
Legal
Speak
Reminder about FTC
Opinion on Waterproof Vault
Representations
This is a reminder about a FTC Staff Advisory Opin-
ion about misrepresentations about burial containers
and caskets that could be in violation of the FTC Fu-
neral Rule. Since the FTC Funeral Rule was enacted,
the FTC Staff responds to requests about interpreta-
tions by issuing Advisory Opinions. Several years ago
the author inquired whether an ad by a funeral direc-
tor that was placed in a local paper in a Midwestern
state violated Section 453.4(e)(2) of the Funeral Rule
which prohibits claims that “funeral goods have pro-
tective features or will protect the body from gravesite
substances, when such is not the case”
protective features unless the funeral provider is
sure that the claims are true. It also should be noted
that ads similar to the one referenced above might
also be in violation of state laws dealing with unfair
competition.
This article is for the information of readers and
does not constitute legal advice about this subject.
All readers should accordingly consult with their
own attorney to make sure they are in compliance
with the laws, rules and cases applicable to their
business.
The advertisement was in response to a vault sales pro-
gram by a local cemetery and it was represented in the
ad that consumers could buy “a quality VAULT that is
waterproof and had a warranty in writing” that costs
“less than you paid for a plastic or concrete box.”
The FTC Staff, in its opinion, indicated that the Fu-
neral Rule did prohibit claims about caskets and burial
vaults being airtight, watertight or offering special pro-
tection against the elements or being waterproof, if the
claims were not true. The opinion further noted that
even if the funeral provider were merely repeating a
claim of a manufacturer about protective features the
funeral provider could be held liable for making a false
or unsubstantiated claim if the manufacturer’s claim
was not true. This view is based on the concept that the
funeral provider that repeats a claim is deemed to have
adopted the claim as their own under Section 453.4(e)
(2) the Funeral Rule.
The FTC Staff did end the opinion with the usual dis-
claimer that the views expressed are those of the staff
that while they have not been reviewed, approved or ad-
opted by the Commission, they do represent the views
of the FTC Staff charged with enforcement of the Fu-
neral Rule. The opinion letter also noted that Staff Fu-
wishes to view the full letter can do so at that location.
The implications of this opinion, in the author’s view,
are clear. First, the Funeral Rule applies to untrue pro-
tective claims. Second, funeral providers should be very
careful about repeating claims by manufacturers about
