K.S.A. § 16-301

Prearranged funeral agreements; conditions

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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.

Notes of Decisions
Cited in 3 cases, 1965–1991 · leading case: Lakeview Gardens, Inc. v. State Ex Rel. Schneider
Lakeview Gardens, Inc. v. State Ex Rel. Schneider (1976) kan · cites it 12× “, a cemetery corporation, to obtain judicial interpretation of K.S.A. 16-301 as it may apply to Lakeview's preneed funeral contracts for the sale of caskets.”
State Ex Rel. Stephan v. Commemorative Services Corp. (1991) kanctapp · cites it 13× “His activities in the sale of pre-need funeral plans and merchandise has attracted the attention of several attorneys general in this state. Prior to 1965, Anderson was the defendant in a lawsuit similar to the present litigation.”
State Ex Rel. Londerholm v. Anderson (1965) kan · cites it 5× “Plaintiff asserts that defendants failed to comply with applicable statutes governing funeral agreements, contracts and plans, being K.S.A. 16-301, 16-302, 16-303, and 16-304, which provide: "16-301.”
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