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.
New York Complaint For Wrongful Interference With Right To Possession For Burial
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US-000303
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How to fill out Complaint For Wrongful Interference With Right To Possession For Burial?
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FAQ
Under New York law, each of the next of kin of a deceased person has ?Sepulcher? rights over the body and remains of a deceased relative. The term ?Sepulcher? means, in plain English, that the family has the absolute right to prompt receipt and disposition of the remains of a deceased relative free of any interference.
The right of sepulcher is the right to choose and control the burial, cremation, or other final disposition of a human body.
New York State has no laws regarding disposal of cremated remains. They may be kept at home, scattered or buried on private land with the landowner's permission, interred in a cemetery or memorial garden, or placed in a mausoleum niche. If scattering on public land or water, don't ask, don't tell.
This right and responsibility goes to the following people, in order: a person you appoint in a written document that meets the requirements of New York law. your spouse or domestic partner. any of your adult children.
The tort of interference with a dead body applies to intentional acts, reckless acts, and negligent acts. An undertaker who negligently or recklessly embalms a deceased person's body is liable for the tort if he or she harms the body or if he or she prevents the body from being properly buried or cremated.
New York allows burials on private land, however, you should check with the town or county clerk to confirm if there are any local rules that must be followed. Cremation can also reduce the cost of a funeral.