Will My Bankruptcy Trustee Take My Burial Plot and Funeral Plan in Kansas?
By Jill Michaux, Kansas Bankruptcy Attorney on Oct 31, 2007 in Bankruptcy Practice and Procedure, Benefits of Bankruptcy, General Bankruptcy Information, Kansas
Burial plots and funeral plans are exempt from attachment by creditors under Kansas state law, which prevents seizure by your trustee in bankruptcy if you claim Kansas exemptions.
These are assets often overlooked when preparing your list of property. It is important that you list your burial plot and funeral plan (and all your property) in your bankruptcy schedules A and B and then claim the exemptions you are allowed on Schedule C. Once the deadline to object to exemptions passes without objection by the trustee or a creditor, the burial plot and funeral plan (and your other exempt property) will be removed from the bankruptcy estate and abandoned by the trustee back to you.
Take your bankruptcy attorney a copy of the deed to the burial plot and the funeral plan contract so these assets can be properly described in your bankruptcy paperwork and exempted.
You do not want to have a dispute over ownership of the burial plot or funeral plan when the need for them arises.
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