House Journal: Page 1334: Monday, April 23, 2001
35 to the director under subsection 2.
36 b. At least sixty days after mailing notice to the
37 director, the seller shall disburse any remaining
38 funds from the burial trust fund as follows:
39 (1) If within the sixty-day period the seller
40 receives a claim from the personal representative of
41 the deceased, any remaining funds shall be disbursed
42 to the personal representative, notwithstanding any
43 claim by the director.
44 (2) If within the sixty-day period the seller has
45 not received a claim from the personal representative
46 of the deceased but receives a claim from the
47 director, the seller shall disburse the remaining
48 funds up to the amount of the claim to the director.
49 (3) Any remaining funds not disposed of pursuant
50 to subparagraphs (1) and (2) shall be disbursed to any
Page 14
1 person who is identified as the next of kin of the
2 deceased in an affidavit submitted in accordance with
3 subsection 5.
4 2. The notice mailed to the director shall meet
5 all of the following requirements and is subject to
6 all of the following conditions:
7 a. The notice shall be mailed with postage
8 prepaid.
9 b. If the notice is sent by regular mail, the
10 sixty-day period for receipt of a response is deemed
11 to commence three days following the date of mailing.
12 c. If the notice is sent by certified mail, the
13 sixty-day period for receipt of a response is deemed
14 to commence on the date of mailing.
15 d. The notice shall provide all of the following
16 information:
17 (1) Current name, address, and telephone number of
18 the seller.
19 (2) Full name of the deceased.
20 (3) Date of the deceased's death.
21 (4) Amount of funds remaining in the burial trust
22 fund.
23 (5) Statement that any claim by the director must
24 be received by the seller within sixty days after the
25 date of mailing of the notice.
26 e. A notice in substantially the following form
27 complies with this subsection:
28 "TO: THE DIRECTOR OF HUMAN SERVICES
29 FROM: (SELLER'S NAME, CURRENT ADDRESS, AND
30 TELEPHONE NUMBER)
31 YOU ARE HEREBY NOTIFIED THAT (NAME OF DECEASED),
32 WHO HAD AN IRREVOCABLE BURIAL TRUST FUND, HAS DIED,
33 THAT FINAL PAYMENT FOR CEMETERY MERCHANDISE, FUNERAL
© 2001 Cornell College and
League of Women Voters of Iowa
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