Cemetery Plot Ownership Laws In Massachusetts

State:
Multi-State
Control #:
US-000297
Format:
Word; 
Rich Text
Instant download

Description

The document is a Petition to Set Aside Conveyance related to cemetery plot ownership laws in Massachusetts. It outlines the interests of the plaintiffs in a perpetual care cemetery, detailing the conveyance history of the property in question. The petition seeks to annul any conveyances to individuals that conflict with the perpetual care provisions, emphasizing that such transfers are void. It provides clear directions for service of process on various defendants, including individuals and corporations. The form serves as a legal request to the court to rectify ownership issues and ensure proper title to the cemetery property. This form is particularly useful for attorneys, paralegals, and associates involved in real estate law, especially those specializing in cemetery plot disputes. It guides users on filling out relevant details about the cemetery, parties involved, and requested legal outcomes. Legal assistants can also utilize this form to assist in preparing comprehensive cases related to cemetery property issues.
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FAQ

Home burials are not prohibited by state law, but the decedent's family must first obtain written approval from the local BOH and the local governing body. A home burial is only possible if the property is under the control of the decedent's family.

You must notify the cemetery that you are selling or would like to sell your plots. If you already have a buyer you must obtain a Transfer of Ownership form from the cemetery department. This form will need to be filled out completely and signed by a notary public.

Green burials are legal in Massachusetts and throughout New England. State laws do not require the use of a casket, grave liner or burial vault. Each cemetery develops their own rules and regulations about the kind of burial that is allowed in their cemetery.

You must notify the cemetery that you are selling or would like to sell your plots. If you already have a buyer you must obtain a Transfer of Ownership form from the cemetery department. This form will need to be filled out completely and signed by a notary public.

Cemetery deed forms are documents that are used to transfer ownership of a burial plot. They include information such as the name of the buyer, the name of the seller, the name of the cemetery, the plot number, and the section or block where the plot is located.

How to Transfer Ownership of a Burial Plot Step 1 – Get the Deed From the Cemetery. Step 2 – Review the State and Local Laws. Step 3 – Prove You Are the Current Owner. Step 4 – Fill Out the Cemetery Plot Deed Transfer Form. Step 5 – Complete the Transfer and Get the New Deed.

No. Cemetery property is owned by the cemetery corporation. The real property is not sold. The lot “owner” receives three privileges: the right of burial, the right to memorialize and the right to vote at lot owner meetings.

Often, a cemetery will issue a ``deed'' at the sale of a grave space or lot of graves. This deed is NOT an issuance of any real estate. It is, in fact, a promissory note which prevents the cemetery from using that, particular space to bury anyone else.

Contact some local funeral homes and let them know you have them for sale at a discount. Contact retirement homes in the area and let them know they are available. List them for sale at Grave Sales the online classifieds for cemetery property. Use a cemetery broker if they are available in your area.

Several factors determine ground burial prices, such as plot location, headstone material (marble or granite), garden setting, indoor or outdoor interment, etc. Mausoleum prices also depend on location, either inside the structure or outside in a garden setting.

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Cemetery Plot Ownership Laws In Massachusetts