Louisiana Revised Statutes 8:503 – Withdrawals from trust
Terms Used In Louisiana Revised Statutes 8:503
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Board: means the Louisiana Cemetery Board. See Louisiana Revised Statutes 8:1
- Cemetery: means a place used or intended to be used for the interment of the human dead and, to the extent allowed in accordance with this Title, pet remains. See Louisiana Revised Statutes 8:1
- Cemetery authority: means any person, firm, corporation, limited liability company, trustee, partnership, association, or municipality owning, operating, controlling, or managing a cemetery or holding lands within this state for interment purposes. See Louisiana Revised Statutes 8:1
- Contract: A legal written agreement that becomes binding when signed.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means an individual, corporation, limited liability company, partnership, joint venture, association, trust, or any other legal entity. See Louisiana Revised Statutes 8:1
- Personal property: All property that is not real property.
- Sale: means the sale of the full title to any cemetery space or the sale of the right of use of or interment in any cemetery space. See Louisiana Revised Statutes 8:1
- Trustee: A person or institution holding and administering property in trust.
- Trustee: means the separate legal entity designated as trustee of a cemetery care fund. See Louisiana Revised Statutes 8:1
A. The funds shall be held in trust both as to principal and income earned and shall remain intact, except that the costs of operation of the trust may be deducted from the income earned, until delivery of the personal property is made or the services are performed by the cemetery authority or other entity or until the death of the person for whose benefit the contract was made. Upon delivery of the personal property or performance of the services, the cemetery authority or other entity shall certify such delivery or performance to the trustee and the amount of money plus income on deposit with trustee to the credit of that particular contract. Upon such certification, or in case of death prior to such certification, and upon submission of documentation as required by rules and regulations promulgated by the board, the amount of money on deposit to the credit of each particular contract, including principal and income earned, shall be forthwith paid to the cemetery authority or other entity. The trustee may rely upon all such certifications required to be made pursuant to this Section and shall not be liable to anyone for such reliance.
B. If for any reason a cemetery authority or other entity that has entered into a contract for the sale of personal property or services and has made the deposit into the trust fund as required in this Section to be made cannot or does not provide the personal property or perform the services called for by the contract within a reasonable time after request in writing to do so, the purchaser or his heirs or assigns or duly authorized representative shall have the right to provide such personal property or services, and, having done so, shall be entitled to receive the deposit to the credit of that particular contract. Written instructions to the trustee by the cemetery authority or other entity directing the trustee to refund the amount of money on deposit, or an affidavit by either the purchaser or one of his heirs or assigns or duly authorized representative stating that the personal property or services were not provided, shall be sufficient authority for the trustee to make refund of the funds on deposit to the person submitting the affidavit. The trustee shall not be held responsible for any such refunds made on account of the cemetery authority’s or other entity’s written direction or an affidavit submitted in accord with this Section. However, nothing contained in this Section shall relieve the cemetery authority or other entity from any liability for nonperformance of the contract terms.
C. If the cemetery authority or other entity cannot deliver the personal property sold because of a national emergency, the provisions of Subsection B of this Section shall be suspended for the duration of the emergency and for fifteen days following the termination thereof.
D. If the purchaser defaults in making payments, the cemetery authority or other entity shall have the right to cancel the contract and to withdraw from the trust fund the entire balance to the credit of the defaulting purchaser’s account as liquidating damages. In such event, the trustee shall deliver the balance to the cemetery authority or other entity upon its certification, and upon receiving the certification, the trustee may rely upon the certification and shall not be liable to anyone for such reliance.
Acts 1974, No. 417, §1; Acts 2013, No. 77, §1; Acts 2022, No. 574, §1.