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

Bronx New York Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery

Name: Bronx New York Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery
Brand: US Legal Forms
Rating: 4.63 (340 reviews)

Category:

Civil Procedure - Interment

State:

Multi-State

County:

Bronx

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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FAQ

First of all, let's define interment. Usually, the term refers to burial, typically with funeral rites. However, with the increase in cremation, interment now means final resting place. In other words, it's the place where a person is laid to rest permanently, whether they are buried or cremated.

Transfer and surrender of grave ownership The owner should fill in an assignment form. If the grave has not been used for burial the owner can surrender the Exclusive Rights of Burial. The owner should fill in a renunciation form. The surrender value is the original purchase price as specified on the Deed of Grant.

If the deceased owner did not specifically devise (gift) the family plot in his or her will to someone and did not transfer the family plot to the cemetery in order to make the family plot inalienable, the deceased owner's heirs (often a surviving spouse and/or surviving children) inherit the plot.

Depending on the jurisdiction, laws may allow burial of a second body on top of a body that has already been interred. Typically, that decision would live with the family that owns the cemetery plot. A graveyard usually can't resell the plot to someone unrelated to the first person buried there.

The simplest answer to whether you can move a grave to another cemetery is yes. There are several reasons for exhuming a body, and the most common is to simply relocate the casket. That being said, the process will cost you.

If there is no valid will, ownership of the grave can be transferred to a personal representative of the deceased detailed on the letters of administration. The representative of the deceased will need to identify the rightful owner and can then complete a Deed of Assent.

Interment right means the right to require or direct the interment of human remains or cremated human remains in a grave, lot, niche or crypt and direct the associated memorialization.

The Interment Rights, or Burial Rights, for a plot or niche give the Rights Holder the right to say who can be interred or buried. Interment Rights also include the right to erect a memorial and direct inscriptions.

The 2nd right of interment is very common for burying cremated remains in the same space where a burial has occurred. Because the original purchase is for just 1 interment right, to do another burial of ashes in the same space requires a 2nd interment right.

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Bronx New York Petition by Surviving Spouse to Change Place of Interment From Mausoleum to Family Plot in Same Cemetery

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How to fill out Bronx New York Petition By Surviving Spouse To Change Place Of Interment From Mausoleum To Family Plot In Same Cemetery?

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FAQ

What is the difference between interment and funeral?

How do you transfer ownership of a grave?

Can a cemetery plot be inherited?

Can graves be resold?

Can you move a person's grave?

How do you transfer ownership of a cemetery plot UK?

What does internment right mean?

What is an interment rights holder?

What is a second right of interment?

Interesting Questions

What is the purpose of the Bronx Petition by Surviving Spouse?

Why would someone want to change the place of interment in the same cemetery?

Is it possible to move the deceased from a mausoleum to a family plot?

Who is eligible to file the Bronx Petition by Surviving Spouse?

Are there any specific requirements for filing the Bronx Petition?

How long does the process of obtaining approval for the petition take?

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