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

New York 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

To address the concerns people may have about the disposition of remains, the Texas statute provides that a person may designate in writing who will be responsible for disposing of his or her remains, and that written instrument will control over the other people listed above.

The Interment Rights Holder (Plot Owner) of record is the person that is named on the official Deed/Certificate of Interment Rights. Usually, but not always, the Interment Rights Holder of record is/was the person who purchased the interment rights.

Interment of ashes refers to cremated remains being buried in the ground or placed in a columbarium. A columbarium is a building specially designed to hold ashes. Interment is ideal for people who do not wish for their ashes to be scattered or displayed in the home.

In Texas, a family can conduct a burial without using a licensed funeral director. Caskets and burial containers are not required by law in Texas. A statement of death within 24 hours and a death certificate within ten days are legally required.

Generally speaking, when you purchase a cemetery plot, it does not expire, and it will always be yours. However, there are a few things to keep in mind. First, it's important to point out that when you purchase a burial plot, you are not purchasing the land itself.

Texas' automatic right of interment states that the plots pass first to your surviving spouse, otherwise to your children on a first come, first need basis and then finally to your heirs at law.

You may not sell the final resting place through a broker and may not sell to a funeral director. A cemetery does not have to buy graves back from lot owners. Different rules can apply when a final resting place is owned by more than one person.

Interment Rights means the right to require or direct the interment or removal of human remains in a lot (grave, garden, tree program), plot ( multiple graves), niche or crypt and/or direct any associated memorialization as outlined or permitted by the cemetery by-laws.

New Hampshire 2.24 PASSING COUNTERFEIT OBLIGATIONSOR SECURITIES / 18 U.S.C. Sec. 472

New Mexico 2.24 PASSING COUNTERFEIT OBLIGATIONSOR SECURITIES / 18 U.S.C. Sec. 472

New Jersey 2.24 PASSING COUNTERFEIT OBLIGATIONSOR SECURITIES / 18 U.S.C. Sec. 472

North Carolina 2.24 PASSING COUNTERFEIT OBLIGATIONSOR SECURITIES / 18 U.S.C. Sec. 472

New York 2.24 PASSING COUNTERFEIT OBLIGATIONSOR SECURITIES / 18 U.S.C. Sec. 472

North Dakota 2.24 PASSING COUNTERFEIT OBLIGATIONSOR SECURITIES / 18 U.S.C. Sec. 472

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