Liability for funeral expenses
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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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Liability for Funeral Expenses

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Liability for funeral expenses

Liability for Funeral Expenses


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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