what type of lawyer do i use to sue a cemetery in new hampshire

Full Answer

Where can I find a lawyer in New Hampshire?

Need an attorney in New Hampshire? FindLaw's Lawyer Directory is the largest online directory of attorneys. Browse more than one million listings, covering everything from personal injury to bankruptcy to estate planning. Detailed law firm profiles have information like the firm's area of law, office location, office hours, and payment options.

Can I sue a cemetery for negligence?

The short answer is yes, you can sue. Every so often, you hear of a case of cemetery or mortuary negligence, whether it be in the handling of the deceased person's remains, the burial, or some other issue. I am curious about some of your description. Did your father's casket come out of the ground because of the water?

What laws apply to cemeteries in the US?

Most states have established rigorous laws that specifically apply to cemeteries. Private interests in the place of burial are subject to the control of public authorities, which have the right to require the disinterment of bodies if deemed necessary.

Can I sue for damage to my father's casket?

We don't know if there is any damage to my father casket and the belongings we buried him with.Front office said it was a busted pipe can I sue them * This will flag comments for moderators to take action. The short answer is yes, you can sue.

Can you sue cemetery?

Lawsuits against cemeteries are commonly based on negligence, misrepresentation, and breach of contract, although other distressful situations have been heard of. Keep in mind you can sue a cemetery just like any other business.

Who is responsible for cemeteries?

Cemeteries might be owned by a local governmental agency. If owned by a town, city or county there are no state laws that describe the techniques for preservation of cemeteries and gravestones or how they should be maintained.

Who owns the rights to a grave?

Memorials. The person named on a Deed as owner of Exclusive Right of Burial in a grave also has the right to have a memorial erected on that grave. Responsibility for any memorial erected on a grave lies with the person named on the Deed pertaining to it.

Who owns the deeds to a grave?

The Registered Owner of the Deed of Exclusive Right of Burial has the automatic right to be buried in the grave; they may also allow others to be buried in the grave (space permitting). They do not, however, own the land itself. The ownership of the cemetery land remains with the Council.

How long does a body stay buried in a cemetery?

This is usually after several decades and depends on the cemetery. Think of it like a lease - the lease on the plot may run out in 20 years, in which case they may offer the opportunity to renew the lease.

Who owns the headstone on a grave?

The person whose name is on the grant deed is the one who has the power to have a headstone installed. This is sometimes the designated next-of-kin. But it may also be the name of the person who has been named executor of the deceased's will.

Who owns a grave when the owner dies?

Establishing grave ownership when the owner has died If the deceased grave owner has made a valid Will and left an estate of sufficient value to require the Grant of Probate to Executors, ownership of the grave can be transferred to the Executor on production of a sealed copy of the Grant of Probate.

How do you find out who owns a grave?

Is the burial plot in a cemetery? If so the cemetery office or the local council should be able to tell you who owns the plot. Dependent on when the plot was first opened (ie first burial if more than one person in the grave) ownership may have reverted to the local council.

How long does it take for a grave to settle?

Often, you have to wait for about three to six months to make sure that by the time you do place the memorials, any dirt around the grave would have settled. This is because a new grave takes time to settle and can move around, especially when there is a lot of rainfall.

How do you get the deeds on a grave?

These include:If the owner of the Deed of Grant agrees to give up their right to the grave, a Transfer of Deed can take place and both the present and future owners must register the information at the cemetery office.If the owner of the Deed of Grant passes away, the Deed is part of their estate.More items...

What happens when the owner of a grave dies?

Transfer of ownership When the Registered Grave Owner dies, the title of the grave passes to the executors or administrator of their estate. If no executor or administrator has been appointed the title passes to his or her next of kin.

Is a cemetery plot considered an asset?

Like other deeded property, cemetery plots can be considered an asset to the owner. The owner can legally sell or otherwise transfer the property, including transfer by inheritance.

3 attorney answers

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...

Christian K. Lassen II

You would need a real estate attorney. If you purchased 22 lots then you would have them deeded and they would be part of a public record. I hope you have more proof than the cemetery's verbal acknowledgment. If you have any additional questions, feel free to contact us for a free initial consult...

Michael Kuldiner

You will want a real estate attorney with experience in civil litigation. You will also want to provide the attorney with as much information as possible, including whether there are any unique characteristics about the 22 plots, as well as the deeds and contracts of sale.

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 ...

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 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.

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.

Why is it important to have a cemetery next door?

Put simply having a cemetery next door can radically reduce the value of property since many buyers do not want to live next to cemetery.

Can a cemetery license be refused?

In order to secure such a license, detailed information as to personnel and finances must be given and the license may be refused if certain specified conditions are not met. A privately operated and licensed cemetery must file an annual report with respect to its care funds.

What is the best chance for an award of attorney's fees by the court?

The best chance for an award of attorney’s fees by the court would be if attorney’s fees are authorized by statute or court rule. There are certain statutes (laws) in New Hampshire that provide for attorney’s fees to the successful party.

Can you recover attorney fees if you are successful?

It is important to note that even if you are successful and are awarded attorney’s fees, it does not mean that you will be able to recover all your attorney’s fees.

Do you have to pay attorney fees if you bring a lawsuit?

Often people who bring a lawsuit are hoping to not only be successful but also to recoup some of the costs they have incurred in hiring an attorney to bring suit. There is often the feeling that if someone has harmed you then that person should have to pay your attorney’s fees. Unfortunately, that is not always the reality.

Do you have to pay attorney fees in New Hampshire?

Generally in New Hampshire, each party must pay their own attorney’s fees. Of course, if you are a self-represented party and do not have an attorney, then you would not be eligible to be awarded attorney’s fees. However, if you have retained an attorney then there are certain situations where you may be able to recoup your attorney’s fees.

What's The Basis For Your Suit?

• You can sue a cemetery just like any other business. But because cemeteries are involved with death, they can seem extra creepy. Plus, the personal damage caused by complications in that context can be particularly painful to people grieving the loss of a loved one. Lawsuits against cemeteries are commonly based on negligence, misrepresentation, an...

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