eSignature Legality for Funeral Leave Policy in United States

How to eSign a document: eSignature legality for Funeral Leave Policy in United States

we're back now going to look at a fun topic of disinterment this is a delightful topic any of you had the privilege of being on a disinterment know that it is generally an olfactory bouquet of surprise so in general disinterment is also known as exclamation it is the removal of a dead body or remains from its place of repose after disposition has been completed so with burial we dig it up and we remove it to some other location with cremation I will agree with this removal of cremated remains from their repository so essentially by taking the urn out of the nish we are doing a disinterment ok in most areas of the US people don't dig this ok this internment is not looked upon very favorably any courts have ruled that this internment is not a right and will not provide authorization unless there is a really good reason that it is necessary and in the interest of justice or public health even the individual paramount right of disposition cannot this ensure the will or distant or the body against the will of other relatives except the pong strong and very convincing evidence that persuades a court that it is required that being said you have to obey whatever also are the disinterment procedures for the cemetery get the cemetery any case does it indicate the galan principle abhors disinterment ok absolutely detest sit out of respect for the human desire not to have one remains disturbed survivors don't generally dig this sort of stuff catch the pun and protection of public health as I said it is an olfactory bouquet which is generally the result of all sorts of nastiness disinterment may be authorized by law to principle grounds public interest or private purpose public purpose may be of some further some matter of public interest although the immediate reason may be private such as determine if the bodies actually the person is supposed to be as a part of an investigation private matters are exactly that family only type of stuff the public at large the courts they don't get involved typically exhumations in the public interest usually involve disinterment of the body and reinterment in the same place they disinterred the body they conduct with other investigation or a secondary autopsy or whatever they need to do and it is returned to its place of rest this is usually civil or criminal related okay the state has the power to seek an exclamation for gathering evidence in a trial and this is very well established just like a coroner can create an inquest and force an autopsy or a medical examiner is charged by statute to investigate and perform autopsies people cannot interfere with that that is something that is given power by the state the police power of the state to a individual to perform because of the interest of public knowledge health safety whatever it might be the same exact rule applies for disinterment if they need to disinterred someone no matter how offensive it might be to whatever religion the state is going to do it someone may try to exhume a body in regards to an alleged cause of death on a death certificate in reference to an insurance policy which is also permissible but if they're doing it for the civil reason there is a much stronger burden of proof if you're gonna argue before a judge so why would that be important cause of death and a death certificate and an insurance policy ask you that question why is this an issue let it percolate for a minute came up with an idea that what if that person's death was ruled a suicide rather than a homicide or suicide rather than an act students and the insurance company may not pay for that reason you hit the nail right on the head people have a vested interest but if a person died as a result of homicide the life insurance pays out if they took their own life the life insurance policy may not pay out the face value but only the amount that was paid in in New York your book says sister wanted a dissing term to determine cause of death with potential foul play even though an autopsy was done didn't work so well judge declined permission because the foul play was based on here safe rather than statements under oath and there was nothing to indicate the public official had made an error in the cause of death so now you are an attorney the judge has just said I decline I do not give permission to disinterred the body because all the statements were made on hearsay and there is no indication that the pathologist to perform the autopsy made any mistakes you as the attorney requesting this for the family what would you then try to look for the first thing would be statements under oath because that's the first thing that's here and the second thing was any possible error that the pathologist or incompetence of the pathologist or mental state of the pathologist result of inebriation or whatever so that you can try to get this done right disinterment scan also create in the public interest to make way for streets water supplies etc this is especially true if they think that the bodies may contaminate water sources whole cemeteries can be disinterred to make way for progress for highways for housing for whatever that is under a concept of eminent domain where a jurisdiction has the right to take land and there are certain rules regarding that we won't get into butts enough that you should know that eminent domain is basically what this is talking about in addition to just public health issues so here in florida Pinellas County it's the Tampa Bay area ordered a cemetery to dissin turn and chemically treat soil you hi exposure levels of formaldehyde and this is not case law did this get the court this was done by the Pinellas County about basically branch of the Environmental Protection Agency who did soil samples and then did water testing near a prominent cemetery within the county and it turned out that the formaldehyde in all the bodies from the 50s and 60s because of the no vault rules and you know the caskets were being eroded from Lehigh so they were required to disinterred and then put these caskets and whatnot into appropriate containers and then chemically treat the soil so that it would not pose a hazard to the Florida aquifer generally with private purposes for disinterment the disinterment occurs and the body is re-entered somewhere else and there's lots and lots of reasons as to why this happens but usually it's because the family has relocated body was mistakenly buried in a wrong Clawd or disrepair of the current cemetery they don't like the way it looks so they put it someplace nice the they go to visit and they find out the dad was buried in Mom's spot or dad who is buried in the wrong part of the cemetery flipsies okay this internment is usually a statutory regulation the usual procedure is the next of kin or legally authorized person makes a written application of the Tulare funeral director is usually required to be there and generally to go to the funeral director it handled either the disinterment and then is going to handle the shipping or the person handling the reinterment whatever it is it generally goes to a party that was there that depends okay but generally the person that is involved with the transport is going to be present in private practice had a unique situation within our mean e'en family Orthodox Catholic dad died in the Commonwealth of Massachusetts was subject to disinterment under their regulations which is a little insane up there for any disinterment requires a local court order from one of the local magistrates ie judges then three months later he was reinterred here in Florida I obviously was not present in Massachusetts I corresponded with a funeral director up there delightful prefer my can't remember the name of it and they were able to get things done as quickly as possible lots of delays lots of problems the family actually owned a contracting company and they provided the over-the-road transport using one of their semis it's used a hall the earth mover is bulldozers and whatnot and I was called to the cemetery to witness the reinterment of their father from Massachusetts now that is something special when you get to see the family again and they have a degree of satisfaction of knowing that mom and dad are together restrictions can be placed in disinterment for public health reasons that makes perfect sense and when there's no statute case law is controlling whatever the court has said in the past is generally what is going to happen now generally the surviving spouse next of kin have the power to make the request for disinterment for private purposes one of the best-kept secrets is under the regulations and I was in practice and this was back in 2012 is that at a National Cemetery if you can meet the requirement for disinterment which is generally signatures of family there is no cost for disinterment than the National Cemetery so that you could dissing her someone from say a cemetery here in Florida National Cemetery here in Florida for transport and reinterment to a National Cemetery in the state of Nevada the only cost the family pays is transport just like anything to do with the National Cemetery so it's fairly good business practice that when you're discussing options with families and they wish to relocate they don't know what's going to happen did you tell them that unless something has changed the national cemeteries will pick up disinterment and reinterment however the family just needs to pay for shipment this is extraordinarily convenient things like urns when determining a disinterment each individual case must be judgment sewn fact but generally the following factors are used what is the degree of relationship to the premium the disinterment regards to the deceased party what is the degree of relationship to the people that do not want this to happen to the deceased and did the deceased say anything in a will or document some type of may be witnessed or notarized form that expresses their wishes what are their conduct what are they acting like if they doing this should be belligerent and annoying these peoples time or to offend or is it the other party that everyone wants this and someone who's doing it to try to prevent it because they feel that they can how long has this person been interred strength of reasons offered that's kind of common sense individual arguments for and against integrity and compassion a person seeking disinterment to provide a secure and comparable resting place if you are going to dysentery are the reasons I'll true istic enough so for instance with my Orthodox Catholic family the reason what dad and mom always wanted to be together and unfortunately everyone now lived in Florida no one was left in juices so that is a very strong compelling reason that they have the resources this was very well documented they wanted to be together and they had a very large family plot at the cemetery they were using so it made more sense for dad to come down here rather than everyone to go up there right in principles of the religious body or other institution which granted the right to enter the body at the first place of burial sometimes with private parties you were prevented from doing it because of religious rules Catholic cemeteries Jewish portion of cemeteries were disinterment within Judaism is extremely disfavored courts will necessarily balance it's a court of equity remember they're going to balance the competing interests book example says in New Jersey a Catholic was buried in the Catholic cemetery just not the one named in the will the judge said somewhat eloquently such directions even though contained or not testamentary in nature since there is no property right in dead body in the ordinary sense what was that called do you remember what type of property concept dead bodies are quasi property good okay after interment a body's a custody of the law and removal is subject to the jurisdiction of the court such power should not be exercised without and I paraphrase damn good reason in light of the fact that the scene there's already buried and consecrated in hallowed ground which a Catholic cemetery would be in the cost incident to removal to where he should be appears excessive when compared to the amount of money in the estate there appears no good cause or urgent necessity to direct the remove religious law can be take into consideration but it is not binding on the court remember we are not a theocracy religious law has no bearing on a court mandated issue so in an Orthodox Jewish cemetery which if you're not familiar with Judaism that is the most strict form of Judaism that you're going to find and I understand that there's even varying levels of Orthodox ascitic etc but for the sake of argument we will view that as the extremely conservative right element okay the most proper quote-unquote way of doing it north adducts Jewish cemetery refused to allow a disinterment based on the fact that the cemetery deed rooted in ecclesiastical law and in this case ecclesiastical means pertaining to the church pertaining to a religion tree it's rooted in religious law the cemetery deed prohibited such action even though reinterment would be in a reformed Jewish cemetery and reforms have taken the Jewish faith and adapted it adapted to a more modern kind of reading judge said the deed was in conflict with the statutory right to request this interment permitted the removal on the basis that a private contract grounding in church law cannot nullify an existing statute so look what happened there and look what happened unlike here where the size of the state is small which is really the pressing issue right because we're going from Jewish cemetery to jewish cemetry Catholic seminary to Catholic cemetery not enough money here nineteen fifty-five different kind of societal mentality and here we are same year said twenty years later in nineteen sixty five and a judge is saying well they have a statutory right to disinterred if they were right a religious deed cannot prevent it even if they might be Jewish to themselves or whatever and obviously if the family is a practicing Jewish family they might run into some problems with their rabbi regarding what they are doing but that is to be you know dealt with between the family and their religious superiors sometimes disinterment is the result of good old-fashioned family disputes it Tennessee good old boy yeah widow sought to have her husband's remain taken from the in-laws property oh this already has the makings of absolute primetime need for TV drama evidence showed that the parties were always very hostile to each other you think it noted that the parties were Jewish that Jewish custom did not favor this internment as we have frequently discussed and it also recognized that the judicial judicial principle the courts do not ordinarily permit this in term unless there is a compelling reason it was Dan noted there was no record of what the Preferences of the deceased were so the judge ruled that when it comes to the wishes of the spouse versus those of the parents remember that common-law hierarchy okay the spouse should command first consideration and authorized this interment 1974 spouse wins common-law hierarchy even under most statutory hierarchies the unfortunate truth is there is no quick and easy solution if you are looking at a fact pattern and the problem you simply have to try to make your best educated guess on what we are teaching make sure you understand the process especially the process and the statutes and the laws where you intend to practice and obey them and do not participate in anything naughty okay make sure that you have verified and checked paperwork make sure you see the orders it is an offense both in statute and common law to dissin to her body a dead body without proper authority regardless of the purpose or motive judge ruled that state commissioners were in violation - dysentery remains and quote/unquote paid grave spaces that the family then built on and reinterment in the free section for section of the cemetery without consent of the next of kin as directed in statute 1897 so if you put the body in the ground you cover it up you are not implicitly authorized without permission to dig it back up because you didn't get payment which is why many cemeteries won't even open the grave until they get paid folks thank you for your attention