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.
Maine Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery A Maine Petition by a Surviving Spouse to Change the Place of Interment from a Mausoleum to a Family Plot in the Same Cemetery is a legal process that allows a surviving spouse in the state of Maine to request the relocation of a deceased spouse's remains from a mausoleum to a designated family plot within the same cemetery. This petition is relevant for individuals who wish to honor their loved ones by ensuring they are laid to rest in a designated family burial site that holds sentimental value and provides a shared resting place for future generations. Keywords: Maine, petition, surviving spouse, change, place of interment, mausoleum, family plot, same cemetery Maine offers different types of Petitions by Surviving Spouse to Change the Place of Interment From Mausoleum to Family Plot in the Same Cemetery based on specific circumstances and requirements. Some of these include: 1. Standard Petition: This is the most common type of petition where the surviving spouse seeks to move the remains from a mausoleum to a family plot within the same cemetery. It requires the submission of necessary legal documents, including death certificates, marriage certificates, and any other supporting evidence to justify the relocation. 2. Joint Petition with Family Members: In some cases, the surviving spouse can file a joint petition with other immediate family members, such as children or siblings, to support the relocation of the deceased spouse's remains to the family plot. This type of petition highlights the shared desire and unity of the family in honoring the deceased's wishes. 3. Petition for Special Circumstances: In certain situations, unique circumstances may be present that warrant the relocation of the deceased spouse's remains. This could include cases of family traditions or cultural practices that prioritize burial in a family plot over a mausoleum. The surviving spouse can file a petition specifying these circumstances and providing relevant evidence to support the request. 4. Petition to amend mausoleum policies: In some instances, a surviving spouse might seek to change the policies of a specific mausoleum, allowing for the transfer of the remains to a family plot within the same cemetery. This type of petition would involve presenting compelling reasons to justify the amendment of the mausoleum's policies, along with evidence of the family's long-standing connection to the cemetery and the importance of maintaining a shared family burial site. It is important for individuals considering a Maine Petition by Surviving Spouse to Change Place of Interment from a Mausoleum to a Family Plot in the Same Cemetery to consult with an attorney specializing in estate planning and cemetery laws. This legal guidance can ensure that all necessary documents are prepared accurately, that the petition is filed within the required timeframe, and that the process is conducted smoothly. Ultimately, this petition provides the surviving spouse with an opportunity to honor the deceased's wishes and create a lasting legacy within a family plot in the cemetery.
