LD 676
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LD 676 Title Page An Act Regarding Mortuary Trusts Page 2 of 2
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LR 753
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 24-A MRSA §2420, sub-§3-A is enacted to read:

 
3-A.__Upon receiving notice of a revocation of an assignment
of a life insurance policy pursuant to this section, an
insurer shall notify the assignee of the policy that the
insured or owner has revoked the assignment.__The insurer
shall also notify the assignee if any cash value of the policy
has been distributed at the time of revocation.__Notice must
be sent to the assignee within 30 days.

 
Sec. 2. 32 MRSA §1401, sub-§1, as amended by PL 1999, c. 590, §1, is
further amended by amending the first paragraph to read:

 
1. Plan requirements. Any Except as provided in subsection
1-A, any prearranged funeral or burial plan contracted or
undertaken within this State must comply with the following.

 
Sec. 3. 32 MRSA §1401, sub-§1-A is enacted to read:

 
1-A.__Plan funded with proceeds of life insurance policy.__A
prearranged funeral or burial plan agreement may be funded
with proceeds of a life insurance policy in accordance with
this subsection.

 
A.__During a person's lifetime, a person or that person's
legal representative may enter into an agreement that
services will be performed or personal property will be
delivered in connection with the disposition of that
person's body after death by:

 
(1)__Assigning the mortuary trustee as owner and
beneficiary of a life insurance policy payable to the
mortuary trustee upon that person's death; or

 
(2)__Designating the mortuary trustee as a
beneficiary of a life insurance policy payable to the
mortuary trustee upon that person's death.

 
B. An agreement under paragraph A must be in writing and a
copy must be furnished to the person or the person's legal
representative by the mortuary trustee when the agreement is
executed.__The agreement may be revocable or irrevocable;
however, if the agreement is irrevocable, there must be a
provision to allow for the transfer of the trust account by
the appointment of successor trustees.__The agreement must
clearly state terms providing for disposition of excess


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