ON MY OWN TIME
Continuing Education
STATE LAW TEST – CEMETERY ACT 2016
You can miss no more than 5 questions on this exam to receive credit for this course.
This is an “open book” exam (If you need it). You may refer to the Cemetery Act (IC 23-14-33)
These laws are in the IFDA Book of Facts and are also available on-line.
1. A consumer purchases a grave space in a cemetery that has 50,000 spaces. In actuality, what are
they purchasing?
a. Ownership of a plot of ground approximately 7 feet long by 4 feet wide (depending on the
cemetery)
b. Only the right to bury someone in that space
c. A 1/50,000 share of ownership of the cemetery property
d. A permanent lease of the space
2. What must be done in order for cemetery rules or regulations to be valid?
a. They must be approved by a majority of the lot owners
b. The cemetery owner must make them available in the cemetery office
c. They must be published in a local newspaper 30 days before they take effect
d. They must be approved by the state board
e. All of the above
3. A family owns 4 spaces in a cemetery in Ft. Wayne. They are moving to Indianapolis. The
cemetery offers to exchange their lots for 4 spaces in a cemetery in Indianapolis. Is this legal?
a. Yes, as long as the new spaces are of equal or greater value
b. Yes
c. No, cemetery spaces can only be sold, not traded or transferred
d. The law does not address this
4. A funeral home wants to create a new cemetery on property adjacent to the funeral home. Can
they do this?
a. No, a funeral home can not own a cemetery
b. No, a funeral home and cemetery cannot be on the same or adjoining property
c. Yes, but they have to have the land platted and deposit $100,000 in a perpetual care fund
to get started
d. Yes, but only if the cemetery has a separate Board of Directors to operate it
e. Yes, but only if they make it non-profit
5. An Amish family wants to dig a grave by hand. What can the cemetery do with this request?
a. They must allow them to dig the grave but can require a waiver of liability
b. They have the right to refuse the request
c. They must allow them to dig the grave but can charge a fee to supervise the digging
d. They must allow the family to dig the grave with no conditions or extra charges
6. A family wants to disinter a body and have it moved to another part of the cemetery. They must
do all of the following except…
a. Obtain a written order from the State Department of Health
b. Have written consent from the legal next of kin
c. Obtain the services of a licensed funeral director to be present
d. Obtain the consent of the cemetery owner or representative
e. All of the above
f. B, C, and D only
7. A family wants to disinter an urn containing cremated remains for scattering. What process must
they go through?
a. Get written consent from the legal next of kin and pay any cemetery fees
b. They must follow the same process as the disinterment of a body
c. Since cremation is final disposition, the law does not specify any particular process
d. Once interred, an urn cannot be disinterred
8. Cemeteries are licensed by what office, department, or agency?
a. Indiana Cemetery Association (ICA)
b. Indiana Professional Licensing Agency (IPLA)
c. The Indiana Attorney General’s Office (AG)
d. The Indiana Department of Natural Resources (DNR)
e. None of the above
9. Maintenance of a cemetery includes all of the following except…
a. Leveling and reseeding the ground
b. Repairing fences
c. Installing new fencing
d. Straightening monuments
e. Purchasing additional cemetery property
10. A family bought a plot of 8 graves in 1910. No one was ever buried in the space and the cemetery
would like to take the spaces back and make this prime location available to someone else. Can
they do this?
a. No, once purchased the spaces belong to the owners unless they sell them back
b. Yes, after following a process prescribed by law
c. Yes, but whoever buys the lots takes the chance of the former owners showing up and
taking the spaces back
d. No, the cemetery can take the spaces back but can’t resell them
11. A cemetery sells a vault that is not guaranteed watertight by the manufacturer. What must they
do?
a. Stop selling them- vaults by definition are designed to be watertight
b. Tell families that the vault is not watertight
c. Inform the family in writing that the vault is not watertight
d. Create their own warranty stating that the vaults are watertight
e. They don’t have to do anything
12. A family owns a grave space that is 4 feet wide. What is the maximum monument width allowed
on the grave?
a. The monument can be as wide as the grave, 4 feet
b. It must leave 6 inches on each side, so no wider than 3 feet
c. It must be no wider than twice the height of the monument
d. State law does not address this.
13. A man owns 8 grave spaces but only needs 2 for him and his wife. He decides to sell the 6
unwanted spaces. Can he do this?
a. Yes, as long as he follows cemetery rules and the sale is recorded with the cemetery
b. Yes, as long as he does not sell the lots for more than he paid for them
c. Yes
c. No, private sales of cemetery lots are illegal
d. The law does not address this
14. What is the difference between perpetual care funds and endowment care funds?
a. They are invested differently
b. They are used for different maintenance items
c. One comes from lot sales, one comes from operating profits
d. They are the same
15. A private cemetery decides to start selling caskets on a preneed basis. What do they have to
do?
a. Comply with the Preneed Act like anyone else
b. Store sold caskets in a bonded warehouse
c. It is illegal for cemeteries to sell merchandise preneed
d. Establish a separate escrow account for preneed merchandise sales
e. Indiana law does not address this
16. A cemetery wants to increase their own monument sales. What can they legally do?
a. Require that all monuments be purchased from the cemetery
b. Require that all monuments bought elsewhere be installed by the cemetery
c. Offer families free installation if they purchase their monument from the cemetery
d. Have a setting or inspection fee that only applies to monuments bought elsewhere
e. None of the above
17. A family wants to create their own cemetery on the family farm. Is this legal?
a. Yes, they just have to designate this area as a cemetery
b. Yes, but it has to be platted as a cemetery, meet any zoning requirements, and they must
establish a $100,000 perpetual care fund.
c. Yes, but it has to be platted as a cemetery, be less than 10 acres in size, meet any zoning
requirements, and they must establish a $25,000 perpetual care fund.
d. No, this would be illegal
18. A family has prearranged a funeral with a funeral home cemetery “combo.” They want to
transfer it to your funeral home. The cemetery says they will transfer the service amount but
that the funds for the casket have been deposited in their escrow account and cannot be
transferred. They will simply deliver the casket to you upon the consumer’s death. This proposal
is...
a. Illegal, they must transfer the entire contract
b. As required under the Indiana Cemetery Act
c. Acceptable if the funeral home agrees
d. Acceptable if the consumer agrees
19.
T___ F___ A cemetery can require that families purchase a vault from them.
20.
T___ F___ A family burial plot refers to burials on family-owned property.
21.
T___ F___ Burial rights can be passed on to others in the family through a will.
22.
T___ F___ A community mausoleum is a mausoleum erected in a municipal cemetery.
23.
T___ F___ It is illegal for cemeteries to employ people to sell cemetery spaces.
24.
T___ F___ The state health department has the right to inspect a mausoleum.
25.
T___ F___ A cemetery can withdraw the interest earned on their perpetual care fund as
needed for cemetery maintenance
26.
T___ F___ A garden crypt is only for cremated remains, not full casket interment.
27.
T___ F___ A lawn crypt and a garden crypt are essentially the same thing.
28.
T___ F___ A burial space holder reserves a specific plot for a specific person
29
T___ F___ A cemetery cannot be sued if they bury someone in the wrong grave.
30.
T___ F___ Cemetery deeds must be signed and notarized when issued.
31. T___ F___ The consumer protection fund for cemetery maintenance reimburses consumers if
a cemetery owner steals perpetual care funds.
33.
T___ F___ A cemetery can disinter a body if the family fails to pay for the grave space.
CEMETERY ACT 2016
I _______________________________________________ do hereby certify that I have
reviewed the pertinent Indiana laws and have completed this exam on my own.
Falsification of continuing education credits can lead to disciplinary action by the Indiana State Board
of Funeral and Cemetery Service with penalties up to and including loss of licensure.
SIGNED
PHONE
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ADDRESS
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Return to IFDA—Your continuing education certificate will be mailed to you.
IFDA
Indiana Funeral Directors Association
317-846-2448
1305 W. 96th St. Suite A
Indianapolis, IN 46260
800-458-0746
Fax 317-846-6534
www.infda.org