A preneed audit presented to the Tennessee Board of Funeral Directors and Embalmers on Dec. 9 found one preneed contract had been created 98 days after the decedent's death and that remaining trust funds were divided into three large cash-advance payments to a minister, a speaker and a musician without documentation the decedent authorized those payments. Legal staff told the board checks of about $1,956 each were issued and the respondent could not provide proof the decedent had authorized the payments or that the funds ultimately supported the assisted-living facility.

Board member Tim Wheeler pressed counsel on the statutory issue, asking, "Is it not a violation of Tennessee annotated code to write a preneed contract after the fact that the death has occurred?" Counsel replied that writing a preneed contract after death is a violation. Board members with long experience in funeral service expressed ethical concern about the three payees, suggesting the payments may have benefited relatives. "It looks like this family ... padded their pockets with a dead person's funds, which I find extremely unethical," one board member said during debate.

Counsel initially recommended a letter of warning given the case's unique facts, the respondent's lack of disciplinary history, and the appearance the respondent tried to do the right thing. Board members disagreed about appropriate discipline and the board ultimately voted to assess a $1,500 civil penalty via consent order and authorized a formal hearing if necessary. The motion passed by roll call (motion by Tim Wheeler, second by Wendell Naylor).

The board directed legal staff to require documentation that the preneed funds were properly applied, to verify whether any restitution or contract rewrites are needed, and to file consent-order paperwork. Counsel told the board the statutory cap on a single violation could be $1,000 but recommended a cautious approach; the board chose an intermediate penalty reflecting both statutory and professional-conduct concerns. Board members noted the need for verification that consumers are protected and for more stringent safeguards to prevent similar occurrences.

The board recorded the complaint number as 2025062871. Legal staff and the board indicated follow-up tasks to ensure that any rewritten contracts or restitution are completed and documented.