KRS 367.934: Preneed payments and increments as trust funds -- Agents -- Conditions

required for disbursements.

(1) Except as provided in KRS 367.935:

(a) 1. All payments of money made to any person, partnership, association, or

corporation upon any agree ment or contract, or any series or

combination of agreements or contracts, but not including the furnishing

of cemetery lots or mausoleums, which has for a purpose the furnishing

or performance of funeral services, or the furnishing or delivery of

personal property, merchandise, or services of any nature in connection

with the final disposition of a dead human body, for future use at a time

determinable by the death of the person whose body is to be disposed of,

are held to be trust funds.

2. The person, pa rtnership, association, or corporation receiving the

payments:

a. Is declared to be the agent thereof; and

b. Shall deposit all payments in a trust account with a bank or trust

company or invest the payments in a savings and loan association

or federally chartered credit union.

3. The trustee shall be the financial institution holding the funds.

4. All of the interest, dividends, increases, or accretions of whatever nature

earned by the funds deposited in a trust account shall remain with the

principal of such account and become a part thereof, subject to all of the

requirements concerning the principal of the account herein contained.

5. a. The agent shall have the authority at any time to transfer or

redesignate the trustee of the funds in his or her discretion upon

notification to the Attorney General.

b. In case of any transfer, the former trustee shall transfer funds

directly to and payab le to the newly designated trustee or its

representative;

(b) All payments made to the agent under the agreement, contract, or plan are and

shall remain trust funds with the financial institution until the death of the

person for whose service the funds we re paid and until the delivery of all

merchandise and full performance of all services called for by the agreement,

contract, or plan, except where payment is made pursuant to a request for

refund; and

(c) 1. The funds shall not be paid by the financial institution until:

a. A certified statement is furnished to the financial institution by the

agent setting forth that all of the terms and conditions of the

agreement have been fully performed by the person, association,

partnership, firm, or corporation; and

b. The agent has proven the death of the person for whose service the

funds were paid by furnishing the financial institution with a

verified or certified copy of a record verifying the death, issued by

the state registrar of the Vital Statistics Branch or its successor

agency as authorized by KRS Chapter 213, or a provisional

certificate of death as described in KRS 213.076.

2. Any balance remaining in the fund after payment for the merchandise

and services as set forth in the agreement, contract, or pla n shall be paid

to the estate of the beneficiary of the agreement, contract, or plan.

(2) KRS 367.932 to 367.974 shall not be construed to apply to contracts for funeral

service or merchandise sold as preneed and burial insurance policies which are

regulated by the Department of Insurance of this state.