Attorney General Opinion No.

Melissa A. Wangemann Legal Counsel Office of the Secretary of State 2nd Floor, State Capitol Topeka, Kansas 66612-1594

Dear Ms. Wangemann:

As legal counsel for the Secretary of State's Office you ask our opinion on, (1) whether an out-of-state trustee can act as corporate trustee for money paid under a prearranged funeral contract pursuant to K.S.A. 16-308 and, if so, does K.S.A. 16-301 require the trustee to maintain the prearranged funeral accounts in the state of Kansas, and (2) whether a cemetery merchandise trust fund may be in the custody of an out-of-state trustee when K.S.A, 16-324…