Funeral trusts
Sec. 1.5. (a) After June 30, 1978, but before July 1, 1982, an
individual may establish one (1) funeral trust under this section, in
lieu of any other arrangement for advance payment of funeral and
burial expense, such as a joint account, that may be lawful under
section 1(b) of this chapter.
(b) A funeral trust established under this section must:
(1) be irrevocable;
(2) have only one (1) settlor;
(3) name a financial institution qualified under section 1(b) of
this chapter in which all funds are to be deposited;
(4) name an embalmer, a funeral director, or funeral home,
licensed under IC 25-15, as sole beneficiary;
(5) be accompanied by a contract between the settlor and
beneficiary as provided in subsection (c); and
(6) be either a time deposit, or account, or certificate of deposit
in a financial institution, in the names of the settlor and the
beneficiary payable on death to the survivor, or name the
designated financial institution as sole trustee.
(c) A funeral trust contract must specify in detail the funeral and
burial services to be provided by the beneficiary, and must specify
the place of the funeral and the place of burial or other disposition.
The contract must contain an acknowledgement by the settlor that he
understands the irrevocable nature of the trust. In addition, the
contract may provide for reasonable adjustment of the services to be
provided if:
(1) the settlor has not contributed the full amount specified in
the contract at the time of his death; or
(2) the reasonable expense of transporting the corpse a distance
greater than twenty-five (25) miles to the place of the funeral or
the place of burial is paid by the beneficiary.
The contract may contain other provisions not inconsistent with this
chapter, including a provision for disposition of income on the trust
funds that results in a balance greater than the contribution agreed to
by the settlor.
(d) The settlor may change the beneficiary, but any new
beneficiary must be licensed under IC 25-15 or be a funeral director
or funeral home licensed under the laws of another state. The settlor
may also change the place of the funeral or the place of burial.
(e) Any trust established under section 1(a) of this chapter may be
converted to a funeral trust, provided for under this section, by
agreement of the parties to the original contract, payment of all trust
funds into the funeral trust, and satisfaction of all requirements of
this section including execution of the required contract.
(f) Any trust established under this chapter may be converted to
a funeral trust provided for under IC 30-2-10 by satisfaction of all
requirements of that chapter.
As added by Acts 1978, P.L.133, SEC.2. Amended by Acts 1979,
P.L.272, SEC.2; Acts 1982, P.L.179, SEC.1; P.L.246-1985, SEC.20.
Last modified: May 27, 2006