§ 16-301 Prearranged funeral agreements; conditions
§ 16-302 Same; payments, form and deposit of; exceptions
§ 16-303 Same; payments and earnings; credit life insurance; irrevocable agreements
§ 16-304 Same; payments upon death, conditions; balances; notice; liability
§ 16-305 Same; penalties
§ 16-306 Same; injunction
§ 16-307 Same; severability
§ 16-308 Same; administration of funds; payment into trust fund; investment; payment of administrative costs and taxes; prior existing trusts to comply
§ 16-309 Same; doing business in state defined; nonresidents subject to personal service outside state
§ 16-310 Same; audit of accounts or trusts by secretary of state; redeposit of improperly paid moneys; actions by attorney general; funds held under agreements not subject to legal process; notice of intent to sell and engage in agreements; obstructing or refus
§ 16-311 Same; duty of medical assistance recipient to inform; payments of balances upon death; conditions; liability
§ 16-312 Prearranged funeral agreements; required disclosures
§ 16-313 Same; additional disclosures
§ 16-314 Same; definition
§ 16-320 Cemetery merchandise contracts; definitions
§ 16-321 Same; cemetery merchandise trust fund; establishment; deposit of moneys; quarterly reports; distributable earnings; fees
§ 16-322 Same; trust fund; requirements; disbursements; trust instruments, validity; trustee duties
§ 16-323 Same; misuse of the cemetery merchandise trust fund, criminal penalty
§ 16-325 Same; secretary of state to audit cemetery merchandise trusts
§ 16-326 Same; redeposit of improperly paid moneys by trustee; attorney general initiate an accounting at request of secretary of state; plan to correct deficiencies
§ 16-327 Same; redeposit of moneys; action by attorney general
§ 16-328 Same; funds in trust not subject to legal process
§ 16-329 Same; notice of intent to sell preneed merchandise contracts filed with secretary of state
§ 16-330 Same; refusal to submit to audit; attorney general
§ 16-331 Same; refusal to establish trust fund; forfeiture of cemetery corporation
§ 16-332 Same; preneed contract provisions
§ 16-333 Same; not subject to 16-301 to 16-309, prearranged funeral regulations
§ 16-334 Same; trust agreement; copy filed with secretary of state; requirements
§ 16-335 Cemetery merchandise trust funds; information and records of examination confidential; disclosure of certain information allowed
§ 16-336 Cemetery maintenance and merchandise fee fund; state treasury

Terms Used In Kansas Statutes > Chapter 16 > Article 3 - Funeral and Cemetery Merchandise Agreements, Contracts and Plans

  • Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Month: means a calendar month, unless otherwise expressed. See Kansas Statutes 77-201
  • Oath: includes an affirmation in all cases where an affirmation may be substituted for an oath, and in similar cases "swear" includes affirm. See Kansas Statutes 77-201
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Personal property: includes money, goods, chattels, evidences of debt and things in action, and digital assets as defined in the revised uniform fiduciary access to digital assets act, K. See Kansas Statutes 77-201
  • Personal property: All property that is not real property.
  • Property: includes personal and real property. See Kansas Statutes 77-201
  • Residence: means the place which is adopted by a person as the person's place of habitation and to which, whenever the person is absent, the person has the intention of returning. See Kansas Statutes 77-201
  • Service of process: The service of writs or summonses to the appropriate party.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.