Sec. 9. (a) Except as provided in subsections (b) and (c), a person who knowingly violates this chapter commits a Class A misdemeanor.
(b) A person who knowingly or intentionally uses or disburses funds in a funeral trust established under this chapter for purposes other than the purposes required under this chapter commits a Level 5 felony.
(c) A trustee that disburses funds in a funeral trust established under this chapter without verifying:
(1) the death of the individual for whom services are to be provided under the contract; and
(2) that the beneficiary fully performed all funeral and burial services provided for in the contract;
through the use of documentation required under rules adopted by the state board of funeral and cemetery service established by IC 25-15-9-1 commits a Class A infraction.
As added by Acts 1982, P.L.179, SEC.2. Amended by P.L.207-1993, SEC.24; P.L.113-2007, SEC.9; P.L.61-2008, SEC.6; P.L.1-2009, SEC.152; P.L.158-2013, SEC.305.
Structure Indiana Code
Title 30. Trusts and Fiduciaries
Chapter 10. Funeral Trust Funds
30-2-10-3. Validity of Trust; Requirements
30-2-10-4. Trustee; Expenses and Compensation
30-2-10-5. Contracts; Required Provisions
30-2-10-6. Change of Beneficiary; Procedure
30-2-10-7. Delivery of Copy of Contract to Settlor
30-2-10-8. Management of Funds by Financial Institutions; Annual Reports From Beneficiaries
30-2-10-8.5. Management of Settlor's Funds by Registered Investment Adviser
30-2-10-9. Violations; Offense
30-2-10-10. Incapacity, Resignation, and Removal of Trustees