Louisiana § RS 8:459.1 - Trust fund transfers
Full text of Louisiana Louisiana Civil Code § RS 8:459.1 — Trust fund transfers, with citation guidance and answers to common questions.
§ RS 8:459.1. Trust fund transfers
A. Notwithstanding the provisions of R.S. 8:459, whenever the ownership or management of a cemetery is transferred and by virtue of such transfer becomes a family burial ground or a religious, fraternal, municipal, state, or federal cemetery, the existing perpetual care trust fund of such transferred cemetery shall remain permanently intact and only the income therefrom shall be expended. The income shall be used solely for the upkeep and maintenance of the cemetery.
B. The trustee of any such perpetual care trust fund shall be a federally insured financial institution or trust company located in Louisiana and authorized to exercise trust or fiduciary powers in accordance with the laws of Louisiana or the United States.
C. No further contributions to such fund shall be required except for payments on those contracts in existence at the time of such transfer.
D. The provisions of this Chapter shall apply to the use and administration of such funds.
E. The provisions of this Section shall not apply to the transfer of ownership or management of a cemetery from one religious, fraternal, municipal, state, or federal cemetery authority to another religious, fraternal, municipal, state, or federal cemetery authority, where both transferor and transferee are exempt from the provisions of this Chapter as provided in R.S. 8:459.
Acts 1986, No. 113, §1; Acts 2001, No. 468, §1; Acts 2004, No. 67, §1; Acts 2022, No. 574, §1.
Source: official Louisiana text · Last verified 2026-08-27
Frequently Asked Questions About Louisiana § RS 8:459.1
What does Louisiana Civil Code § RS 8:459.1 cover?
Section RS 8:459.1 ("Trust fund transfers") is part of the Louisiana Civil Code, the codified statutory law of Louisiana. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Louisiana § RS 8:459.1?
A common citation format is "Louisiana Civil Code § RS 8:459.1" (Louisiana). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Louisiana law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Louisiana official source linked on this page or consult a licensed Louisiana attorney.
How does Louisiana § RS 8:459.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Louisiana can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Louisiana.