16-301. Prearranged funeral agreements; conditions. Any agreement, contract or plan requiring the payment of money in a lump sum or installments which is made or entered into with any person, association, partnership, firm or corporation for the final disposition of a dead human body, or for funeral or burial services, or for the furnishing of personal property or funeral or burial merchandise, wherein the delivery of the personal property or the funeral or burial merchandise or the furnishing of services is not immediately required, is hereby declared to be against public policy and void, unless all money paid thereunder shall be deposited in a bank or savings and loan association which is authorized to do business in this state and insured by a federal agency, or invested in a credit union which is insured with an insurer or guarantee corporation as required under K.S.A. 17-2246, and amendments thereto, all as herein provided, and subject to the terms of an agreement for the benefit of the purchaser of the agreement, contract or plan. For the purposes of this act, personal property or funeral or burial merchandise shall include caskets, vaults and all other articles of merchandise incidental to a funeral service, but shall not include grave lots, grave spaces, grave memorials, tombstones, crypts, niches and mausoleums. This act shall not prohibit the funding of a prearranged funeral agreement with insurance proceeds derived from a policy issued by an insurance company authorized to conduct business in this state.
History: L. 1953, ch. 54, § 1; L. 1973, ch. 86, § 1; L. 1976, ch. 97, § 1; L. 1983, ch. 76, § 1; L. 1989, ch. 48, § 70; L. 1994, ch. 229, § 3; L. 2002, ch. 106, § 1; July 1.
Structure Kansas Statutes
Chapter 16 - Contracts And Promises
Article 3 - Funeral And Cemetery Merchandise Agreements, Contracts And Plans
16-301 Prearranged funeral agreements; conditions.
16-302 Same; payments, form and deposit of; exceptions.
16-304 Same; payments upon death, conditions; balances; notice; liability.
16-312 Prearranged funeral agreements; required disclosures.
16-313 Same; additional disclosures.
16-320 Cemetery merchandise contracts; definitions.
16-322 Same; trust fund; requirements; disbursements; trust instruments, validity; trustee duties.
16-323 Same; misuse of the cemetery merchandise trust fund, criminal penalty.
16-325 Same; secretary of state to audit cemetery merchandise trusts.
16-327 Same; redeposit of moneys; action by attorney general.
16-328 Same; funds in trust not subject to legal process.
16-329 Same; notice of intent to sell preneed merchandise contracts filed with secretary of state.
16-330 Same; refusal to submit to audit; attorney general.
16-331 Same; refusal to establish trust fund; forfeiture of cemetery corporation.
16-332 Same; preneed contract provisions.
16-333 Same; not subject to 16-301 to 16-309, prearranged funeral regulations.
16-334 Same; trust agreement; copy filed with secretary of state; requirements.
16-336 Cemetery maintenance and merchandise fee fund; state treasury.