what kind of lawyer handles cemetery dispoutes

by Elouise Dietrich 9 min read

What laws apply to cemeteries in the US?

Jun 23, 2012 · A real estate lawyer should be retained. Im sorry, but our firm only handles cemetery abuse cases. The answer does not create an attorney/client relationship and is for informational purposes only. Lassen Law Firm 1515 Market St #1510 Philadelphia, PA 19102 215-510-6755 http://www.InjuryLawyerPhiladelphia.com. Licensed in PA & NJ. 29% Contingency Fee.

What does a funeral lawyer do?

Oct 02, 2014 · Funeral/Cemetery Negligence. Wrongful Death. Disputes/Civil Litigation. Insurance Coverage/Bad Faith. Funeral home and cemetery negligence are appalling acts that are frequently more common across the United States. The deceased have no way to protect or defend their bodies and dignity from physical abuse and/or desecration.

Can I sue a cemetery?

We understand that this type of case can be very upsetting, and will proceed with the respect and sensitivity you and your loved ones deserve. CALL US 323-954-9955 Attorneys Brian Breiter or Mark Rubashkin will talk to you and help you figure out the best course of action for your case.

What is funeral home and cemetery negligence?

Definitions: A cemetery is a place where dead bodies and cremated remains are buried. It is a locale set aside, either by governmental authority or private enterprise. A public cemetery is open for use by the community at large while a private cemetery is used only by a small segment of a community or by a family.

Who decides where you are buried?

In California, bodies must be buried in established cemeteries. City or county authorities have the authority to establish and regulate burial grounds. (California Health & Safety Code § 8115.)

What type of lawyer goes to court the most?

Criminal Defense Lawyer Criminal defense lawyers may appear in court more frequently than other types of lawyers—especially if a case goes to trial.

Can a gravestone be moved?

Can You Move a Grave to Another Cemetery? 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.Jun 11, 2021

What are lawyer responsibilities?

Lawyers typically do the following: Advise and represent clients in courts, before government agencies, and in private legal matters. Communicate with their clients, colleagues, judges, and others involved in the case. Conduct research and analysis of legal problems.Sep 8, 2021

What's the easiest type of lawyer to be?

However, there are many sectors of law which are less stressful:Real estate law.Intellectual property law.High Street family law.Government lawyers.Working In-House.Jul 9, 2021

How do you impress a judge in court?

Be clean.Be clean. It is important to wear neat and clean clothes when you are going to court. ... Stand when the judge enters the room. ... Address the judge as 'Your Honor. ... Be audible. ... Use proper language and speak in complete sentences. ... Prepare before every hearing. ... Be polite and respectful. ... Be punctual.More items...

How do you get a grave moved?

Moving a grave on consecrated ground is not taken lightly by religious officials and you should reach out to a religious official to get a formal or informal agreement from them about the move. You may want to ask the cemetery where the grave is located if they have a church they are affiliated with in the area.

Can someone be cremated after being buried?

No, unless you want to have a public viewing of the deceased prior to the cremation process. If the family is not having a public viewing and only wants cremation, it is referred to as a “direct cremation.”

How much does it cost to move a body from one location to another?

The fee for forwarding remains to another funeral home usually ranges from $1000.00 to $3000.00. The fee for receiving remains from another funeral home usually ranges from $800.00 to $2500.00. You will likely have to pay both of these fees, in addition to any other funeral home costs.

What are the requirements for a lawyer?

Doctoral or professional degreeLawyer / Entry level education

What are the five functions of lawyer?

The Essential Functions of the Great Advocate counseling - ... Advocacy - ... Improving his profession, the courts and law - ... Unselfish Leader of public opinion - ... Proactive to accept responsibility -

What are the four responsibilities of lawyers?

It describes the sources and broad definitions of lawyers' four responsibilities: duties to clients and stakeholders; duties to the legal system; duties to one's own institution; and duties to the broader society.Nov 25, 2014

Why do police have to regulate cemetery locations?

Some additional reasons for exercising the police power regarding the regulation of cemetery locations are: the public welfare in general. whether the establishment of a cemetery might disarrange the location of streets and highways and adversely affect civic enterprise. the prosperity of the community.

What are the laws of cemeteries?

The Basic Laws Pertaining to Cemeteries. Americans have a hard time dealing with dying and death and often only deal with estate planning, elder care planning and selection of funeral arrangements when they have no choice, e.g. when death is imminent or already has occurred. The result can be both frustrating and expensive as people are required ...

What happens when a cemetery is abandoned?

When the use is terminated and the cemetery abandoned, there is a reverter to the original donors or their legal representatives, free of such use . This rule applies to both statutory and common-law dedications.

What is the place where the final ceremonies of death are observed?

Cemeteries can be the place where the final ceremonies of death are observed. These ceremonies or rites differ according to cultural practice and religious belief. The establishment of a cemetery involves the process of formally designating a tract of land for use for the burial of the dead.

How does a state regulate the location of cemeteries?

A state may regulate the location of cemeteries through the exercise of its police power by statute directly regulating the location of cemeteries. In California, see Laurel Hill Cemetery v. San Francisco, 216 U.S. 358 (U.S. 1910).

What is a cemetery?

Definitions: A cemetery is a place where dead bodies and cremated remains are buried. It is a locale set aside, either by governmental authority or private enterprise. A public cemetery is open for use by the community at large while a private cemetery is used only by a small segment of a community or by a family.

What happens when you sell the same plot over and over?

Occasionally, scandalous information comes out as to failure to bury the right person in the right plot or, even worse, selling the same plot over and over, the bodies literally piled upon each other.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What kind of lawyer handles reproductive rights?

But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law. For instance, if there’s a criminal investigation of child abuse or a domestic violence case, or if there’s a juvenile delinquency case, a family lawyer may also work with a criminal lawyer. 3. Estate Planning Lawyers.

What do lawyers do?

Different types of lawyers specialize in different areas of law. Some lawyers mostly do the work outside of the courtroom, such as drafting contracts and wills, preparing documents to comply with a process, negotiating deals, and advising clients on a legal problem. There are also lawyers who present cases in court or litigations ...

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

What do IP lawyers need to know?

They need to have expert knowledge in both business and innovation trends. IP lawyers may also negotiate settlements on behalf of the creator or inventor if someone has infringed on their work, such as in cases where branded goods are faked and sold for a lower price in the market.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

Overview

At our location in San Jose, California, the law firm of Temmerman, Cilley & Kohlmann, LLP, handles a full range of estate planning matters.

Call us at 408-780-1912

DISCLAIMER: The information contained in this web site is intended to convey general information. It should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is family law?

Family law is law that involves family matters. These matters can include marriage, divorce, adoption, child support, custody and establishing parentage. In most cases, marriages do not require a lawyer but a prenuptial agreement should be reviewed by a lawyer.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.

What is personal injury?

In a personal injury suit, an individual is injured, mentally and/or physically, because of an accident, defective product, or an act or failure to act by another. A court may award a plaintiff in a personal injury suit monetary damages for their injury. Civil law cases can be complex.

What is civil matter?

Civil matters include contract disputes between businesses, real estate, and personal transactions. Unlike criminal cases, there is no determination of guilt or innocence. Usually, the parties may only recover monetary damages, including punitive damages in some cases.

Transfers of Funeral Homes and Cemeteries

  • For many years, we have represented clients who buy or sell funeral-related businesses. We provide advice and guidance in such transactions, prepare the necessary sale, acquisition and purchase agreements, assist with due diligence, and help our clients comply with all applicable r…
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Entity Formation and Business Operation

  • We are often asked to assist clients in creating new business entities that will own and operate funeral homes, cemeteries and crematoria. Our services include developing forms and procedures needed for operations, regulatory compliance and employment matters. We have assisted clients in creating new cemeteries and in de-dedicating excess cemetery property for a more profitable …
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Regulatory Compliance

  • Occasionally, some clients are confronted with regulatory issues arising from annual trust fund audits, facility inspections resulting in citations or accusations, or other attempts by regulatory agencies to impose unreasonable restrictions or mandates on our clients’ operations. We have successfully defended against such matters in administrative hearings and in the process, have …
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