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 June14, 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 thischapter.
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 burialrights in a lot, plot, burial space, crypt, or niche granted to anindividual are the sole and separate property of the individual namedas 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 timeof the grant of the burial plot, the spouse of the grantee has a vestedright of interment, entombment, or inurnment of the spouse's remainsin the burial plot, unless the terms of the grant are inconsistent withburial 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 burialplot;
the grantee's spouse has a vested right of interment, entombment, orinurnment in the plot if more than one (1) interment, entombment, orinurnment space in the plot remains unoccupied when the individualbecomes the spouse of the grantee.
(c) No transfer or other action of a grantee referred to insubsection (a) or (b) divests the grantee's spouse of the vested rightof 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 attachedto the transfer or other action.
(d) A final dissolution of marriage decree between a granteereferred to in subsection (a) or (b) and the grantee's spouseterminates the spouse's vested right of interment, entombment, orinurnment recognized in subsection (a) or (b) unless the dissolution
of marriage decree provides otherwise.
As added by P.L.52-1997, SEC.13.