CHAPTER 39. BURIAL RIGHTS IN MULTISPACE PLOTS
IC 23-14-39
Chapter 39. Burial Rights in MultiSpace Plots
IC 23-14-39-1
Application of chapter
Sec. 1. This chapter applies to:
(1) all burial rights in cemeteries organized or created after June
14, 1939; and
(2) cemeteries that:
(A) were in existence on June 14, 1939; and
(B) do not have a rule or regulation in conflict with this
chapter.
As added by P.L.52-1997, SEC.13.
IC 23-14-39-2
Individual property rights
Sec. 2. Except as provided in section 3 of this chapter, the burial
rights in a lot, plot, burial space, crypt, or niche granted to an
individual are the sole and separate property of the individual named
as grantee in the instrument of grant.
As added by P.L.52-1997, SEC.13.
IC 23-14-39-3
Vested rights of spouse of grantee; effect of dissolution of marriage
Sec. 3. (a) If the grantee of a burial plot containing more than one
(1) interment, entombment, or inurnment space is married at the time
of the grant of the burial plot, the spouse of the grantee has a vested
right of interment, entombment, or inurnment of the spouse's remains
in the burial plot, unless the terms of the grant are inconsistent with
burial rights of the grantee's spouse.
(b) If:
(1) a burial plot containing more than one (1) interment,
entombment, or inurnment space is granted; and
(2) the grantee becomes married after the grant of the burial
plot;
the grantee's spouse has a vested right of interment, entombment, or
inurnment in the plot if more than one (1) interment, entombment, or
inurnment space in the plot remains unoccupied when the individual
becomes the spouse of the grantee.
(c) No transfer or other action of a grantee referred to in
subsection (a) or (b) divests the grantee's spouse of the vested right
of interment, entombment, or inurnment recognized in subsection (a)
or (b) unless:
(1) the spouse joins in the transfer or other action; or
(2) the written consent of the spouse is endorsed on or attached
to the transfer or other action.
(d) A final dissolution of marriage decree between a grantee
referred to in subsection (a) or (b) and the grantee's spouse
terminates the spouse's vested right of interment, entombment, or
inurnment recognized in subsection (a) or (b) unless the dissolution
of marriage decree provides otherwise.
As added by P.L.52-1997, SEC.13.