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Liability for Funeral Expenses. Sources for Payment. Liability of the Estate: Primary Obligor Reasonableness of the Funeral Bill Collection Against the Estate. Liability for Funeral Expenses (cont’d). Dependent Contractual Liability Liability of Executor/Administrator

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Presentation Transcript
sources for payment
Sources for Payment
  • Liability of the Estate:
    • Primary Obligor
    • Reasonableness of the Funeral Bill
    • Collection Against the Estate
liability for funeral expenses cont d
Liability for Funeral Expenses (cont’d)
  • Dependent
  • Contractual Liability
  • Liability of Executor/Administrator
  • Liability of the State

(NJSA 40A-49.1)

cemeteries

Cemeteries

Purpose

cemetery
Cemetery
  • Not a “nuisance per se”.
  • Grave vs. Plot/Lot
  • 30 – 40 square feet
  • multiple depth
  • Depth requirements in NJ:
    • 26:6.36
    • Does not apply to “properly” constructed private vaults.
establishment of cemeteries
Establishment of Cemeteries
  • Public: “power of eminent domain”
  • Private: religious orders

family plots

regulation of cemeteries
Regulation of Cemeteries
  • “police power”
  • Interest of public welfare is paramount.
right to bury
Right to Bury
  • Not real estate.
  • Subject to cemetery rules and regulations and statutes.
  • Religious societies may impose special restrictions.
  • Racial discrimination is not permitted. (Civil Rights Act)
sale and encumbrance
Sale and Encumbrance
  • Lot is inalienable.
  • Subject to the cemetery’s rules and regulations.
  • Death of owner results in transfer of title to heirs.
  • May devise a cemetery lot by Will and Testament, if no burials.
markers monuments and vaults
Markers, Monuments and Vaults
  • Personal property.
  • Owners are entitled to protection from desecration.
  • Regulated by the cemetery.
visitation in cemeteries
Visitation in Cemeteries
  • Owner has a right to visit.
  • Family/friends have free access.
  • Cemetery must maintain ingress and egress.
  • FD has a right due to contractual obligation to the family.
criminal offenses
Criminal Offenses
  • Most states make it a crime to desecrate a grave.
nj cemetery law
NJ Cemetery Law
  • Title 8A
  • Can be owned/operated by:
    • VA
    • Government
    • Religious Organizations
    • Cemetery Corporations
  • Cemeteries are tax-exempt.
  • Cemetery Board is part of the Division of Consumer Affairs
exclusive rights
Exclusive Rights
  • Open and fill graves.
  • Furnish equip. necessary for interment.
  • Install flush memorials.
  • Install foundations for markers.
  • Set/seal vaults, crypts and niches.
  • Prevent unauthorized interment.
  • Regulate conduct of visitors.
cemeteries cannot
Cemeteries cannot:
  • Manufacture and sell monuments.
  • Manufacture and sell burial vaults.
  • Practice mortuary science.
  • Cemeteries must have a maintenance and preservation fund of $50,000.
disinterment exhumation
Disinterment (Exhumation)
  • “the removal of a human corpse previously buried in the earth.”
  • May be authorized for 2 reasons:
    • Public Interest
    • Private Interest
  • Factors used by court to determine reasonable cause:
nj law for disinterment
NJ Law for Disinterment
  • 7 signatures required:
    • Applicant
    • Surviving spouse and children.
    • Owner of interment space.
    • Cemetery representative.
    • Funeral director.
    • Registrar/health official issuing permit.
    • Cemetery/crematory representative where body is being reinterred.
distribution of permit
Distribution of Permit
  • 4 copies:
    • 1) white
    • 2) canary (yellow)
    • 3) pink
    • 4) goldenrod (gold)
nj statutes
NJ Statutes
  • 26:6-37
  • 26:6-38
  • NJ Administrative Code:
  • 13:44J-8.1 (multiple-depth grave)
  • 13:44J-8.2 (additional interment)
  • 13:44J-8.3 (photo. a disinterment)
  • 13:44J-8.4 (temp. storage)
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