Cemetery Plot Ownership Laws In Massachusetts

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Multi-State
Control #:
US-000297
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Word; 
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This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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  • Preview Petition to Set Aside Conveyance of Cemetery
  • Preview Petition to Set Aside Conveyance of Cemetery
  • Preview Petition to Set Aside Conveyance of Cemetery

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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