55-11-12.1. Disbursement of funds in irrevocable prearranged funeral trust.
Every trustee of an irrevocable prearranged funeral trust which does not provide for a guaranteed price shall pay from the trust funds and any accrued interest the actual charges incurred for furnishing funeral services and merchandise to the funeral director, funeral establishment, or embalmer, licensed under chapter 36-19, or similarly licensed in any other state that provides funeral services and merchandise for the beneficiary of the irrevocable prearranged funeral trust. The balance of the funds remaining in the prearranged funeral trust, if any, shall be paid by the trustee to the purchaser or to the estate or next of kin of the purchaser, subject to §28-6-23 and rules pertaining thereto and the terms of the prearranged funeral trust agreement. Payment of all of the trust funds, plus any accrued interest, as provided in this section, within thirty days after receipt of a death certificate, relieves the trustee of any further duties or obligations.
Source: SL 1997, ch 278, §2.
Structure South Dakota Codified Laws
Title 55 - Fiduciaries and Trusts
Chapter 11 - Prearranged Funeral Trusts
Section 55-11-3.1 - Clause required in contract not providing guaranteed price.
Section 55-11-5 - Cancellation of contract creating revocable trust.
Section 55-11-5.1 - Return of payments required on revocation under contract with guaranteed price.
Section 55-11-8 - Information to be submitted upon registration.
Section 55-11-10 - Applicability of § 37-24-5.4.
Section 55-11-12.1 - Disbursement of funds in irrevocable prearranged funeral trust.
Section 55-11-13 - Prearranged funeral contract not burial insurance.
Section 55-11-14 - Applicability of act to certain contracts.