[CLBS] Question about "burial plots".... under IC 11-603(1)

[Robert Brower]

I have not done any research, but it would seem that if the pre-payment is
irrevocable it would not be an asset of the Bankruptcy Estate. What do you
all think?

Bob Brower

-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Tecla Druffel
Sent: Wednesday, April 22, 2015 10:20 AM
To: CLBS at admws.idaho.gov
Subject: [CLBS] Question about "burial plots".... under IC 11-603(1)

Hi everyone:

A couple asked me yesterday if the statute protecting "burial plots"
applied to prepaid cremation services.

Has anyone successfully argued that Idaho Code section 11-603(1) applies to
anything other than an in-the-ground burial plot? I'm looking for any
support for an expansive reading of that subsection of the statute.

I have my doubts that the statute protects these services (see* Young v.
Wright, *

77 Idaho 244 (Idaho 1955)*:* "...court may not add to statute providing
certain exemptions from attachment or execution, any articles not enumerated
therein...."). But please, please, please prove me wrong!

Thank you!
Tecla Druffel

Tecla Elizabeth Druffel, attorney at law

TED BK, PLLC

Lewis Clark Plaza Suite 101

111 Main Street

Lewiston, ID 83501

Ph: (208) 743-9569
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