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Petition by Surviving Spouse to Change Place of Interment From...

Illinois Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery

Category:

Civil Procedure - Interment

State:

Multi-State

Control #:

US-01066BG

Format:

Instant download

Description

Courts of equity are empowered to settle controversies as to the burial of the dead, the care of their remains, and the preservation of the place of interment from unnecessary disturbance. The right to remove a dead body from one burial place to another generally rests with the surviving spouse where there is one, otherwise, with the closet next of kin. Some jurisdictions provide for court permission to remove a body from a cemetery if the consent of the cemetery and of certain surviving relatives cannot be obtained. Courts are reluctant to order disinterment and will attempt to provide relief without disturbing the body if that is possible.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Petition By Surviving Spouse To Change Place Of Interment From Mausoleum To Family Plot In Same Cemetery?

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FAQ

In larger cemeteries, there is a ?perpetual care? fee built into the cost of a plot, that is put into a trust fund, and generates money for lawn mowing etc.

It is a crime to destroy, cut, mutilate, efface, remove, tear down, or otherwise injure any tomb, monument, memorial, or marker in a cemetery, as well as any grave, vault, niche, crypt, or any building, statuary, or ornamentation within the cemetery.

When it comes to funeral and burial considerations, it is often a good idea to buy a burial plot in advance. Even if you aren't a planner or don't feel ready to plan your entire funeral, at least consider buying the burial plot now.

In California, it is possible to reuse a cemetery plot after the initial burial if the body is exhumed correctly and all legal requirements are met. In fact, some families/couples often choose to have a double occupancy as a cemetery option.

The cemetery may buy the plot back from you, but they are not required to do so. You may, however, pass the plot on to a family member or sell it to an outside party.

A cemetery plot is purchased and can be re-sold, so yes, it has value and is an asset. At least until it is occupied, at which point it still belongs to the family but has no resale value.

Can You Bury a Body at Home? There are no laws in Illinois that prohibit home burial. Before burying a body on private land or establishing a family cemetery, be sure to check local zoning rules.

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