Louisiana Revised Statutes 8:510 – Exceptions; trust fund transfers
Terms Used In Louisiana Revised Statutes 8:510
- Burial: means the placement of human remains in a grave. 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
- Family burial ground: means a cemetery in which no lots are sold to the public and in which interments are restricted to a group of persons related to each other by blood or marriage. See Louisiana Revised Statutes 8:1
- Fiduciary: A trustee, executor, or administrator.
- 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 provisions of this Chapter shall not apply to any family burial ground or a religious, fraternal, municipal, state, or federal cemetery, except as otherwise provided in La. Rev. Stat. 8:510(B).
B.(1) Whenever the ownership or management of a cemetery authority or other entity which has created a merchandise trust fund pursuant to the provisions of this Chapter is transferred and by virtue of such transfer becomes a family burial ground or a religious, fraternal, municipal, state, or federal cemetery, the existing merchandise trust fund shall be used only for those purposes set forth in the merchandise trust agreement, or as otherwise permitted by law.
(2) The trustee of any such fund shall be a federally insured financial institution or trust company located in Louisiana and authorized to exercise trust or fiduciary powers under the laws of Louisiana or the United States.
(3) The trust shall be administered in conformity with La. Rev. Stat. 8:465 with respect to the nature and character of the trust investments and the duties of the trustee.
(4) No further contributions shall be required except for payments on those contracts in existence at the time of such transfer.
(5) The provisions of La. Rev. Stat. 8:503, 504, 505, and 509 shall apply to the use and administration of such funds.
Acts 1986, No. 113, §1; Acts 2004, No. 67, §1.