House Journal: Page 1335: Monday, April 23, 2001
34 MERCHANDISE, AND FUNERAL SERVICES HAS BEEN MADE, AND
35 THAT (REMAINING AMOUNT) REMAINS IN THE IRREVOCABLE
36 BURIAL TRUST FUND.
37 THE ABOVE-NAMED SELLER MUST RECEIVE A WRITTEN
38 RESPONSE REGARDING ANY CLAIM BY THE DIRECTOR WITHIN
39 SIXTY DAYS AFTER THE MAILING OF THIS NOTICE TO THE
40 DIRECTOR.
41 IF THE ABOVE-NAMED SELLER DOES NOT RECEIVE A
42 WRITTEN RESPONSE REGARDING A CLAIM BY THE DIRECTOR
43 WITHIN SIXTY DAYS AFTER THE MAILING OF THIS NOTICE,
44 THE SELLER MAY DISPOSE OF THE REMAINING FUNDS IN
45 ACCORDANCE WITH SECTION 523A.303, CODE OF IOWA."
46 3. Upon receipt of the seller's written notice,
47 the director shall determine if a debt is due the
48 department of human services pursuant to section
49 249A.5. If the director determines that a debt is
50 owing, the director shall provide a written response
Page 15
1 to the seller within sixty days after the mailing of
2 the seller's notice. If the director does not respond
3 with a claim within the sixty-day period, any claim
4 made by the director shall not be enforceable against
5 the seller, the trust, or a trustee.
6 4. A personal representative who wishes to make a
7 claim shall send written notice of the claim to the
8 seller. If the seller does not receive any claim from
9 a personal representative within the sixty-day period
10 provided for response by the director regarding a
11 claim, the claim of the personal representative shall
12 not be enforceable against the seller, the trust, or a
13 trustee.
14 5. Any person other than a personal representative
15 or the director claiming an interest in the remaining
16 funds shall submit an affidavit claiming an interest
17 which provides the following information:
18 a. Full name, current address, and telephone
19 number of the claimant.
20 b. Claimant's relationship to the deceased.
21 c. Name of any surviving next of kin of the
22 deceased, and the relationship of any named surviving
23 next of kin.
24 d. That the claimant has no knowledge of the
25 existence of a personal representative for the
26 deceased's estate.
27 6. The seller may retain not more than fifty
28 dollars of the remaining funds in the burial trust
29 fund for the administrative expenses associated with
30 the requirements of this section.
31 7. If the funds remaining in a burial trust fund
32 are disbursed under the requirements of this section,
© 2001 Cornell College and
League of Women Voters of Iowa
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