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| Public Act 094-0520 |
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AN ACT concerning civil law.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Cemetery Protection Act is amended by | ||||
changing Section 16 as follows:
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(765 ILCS 835/16)
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Sec. 16. When a multiple interment right owner becomes | ||||
deceased, the
ownership of any
unused rights of interment shall | ||||
pass in accordance with the specific bequest
in the decedent's | ||||
will. If there is no will or specific bequest then the | ||||
ownership and use
of the unused rights of interment shall be | ||||
determined by a cemetery authority
in
accordance with the | ||||
information set out on a standard affidavit for cemetery
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interment rights use form if such a form has been prepared. The | ||||
unused right
of interment shall be
used for the interment of | ||||
the first
deceased heir listed on the standard affidavit and | ||||
continue in sequence until
all listed heirs are deceased. In | ||||
the event that an interment right is not
used,
the interment | ||||
right shall pass to the heirs of the heirs of the deceased
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interment right owner in perpetuity. Except as otherwise | ||||
provided in this Section, this
This shall not preclude the | ||||
ability of
the heirs to sell said interment rights, in the | ||||
event that all listed living
heirs are in agreement, and it | ||||
shall not preclude the ability of a 2/3 majority of the living | ||||
heirs to sell a specific interment right to the spouse of a | ||||
living or deceased heir. If the standard affidavit for cemetery | ||||
interment
rights use, showing heirship of decedent
interment | ||||
right owner's living heirs is provided to and followed by a | ||||
cemetery
authority, the
cemetery authority shall be released of | ||||
any liability in relying on that
affidavit.
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The following is the form of the standard affidavit:
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STATE OF ILLINOIS )
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) SS
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COUNTY OF ....................)
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AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE
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I, .............., being first duly sworn on oath depose and | ||
say that:
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1. A. My place of residence is ........................
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B. My post office address is .......................
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C. I understand that I am providing the information | ||
contained in this
affidavit to the ............ | ||
("Cemetery") and the Cemetery shall, in the
absence of | ||
directions to the contrary in my will, rely on this | ||
information to
allow the listed individuals to be interred | ||
in any unused interment rights in
the order of their death.
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D. I understand that, if I am an out-of-state resident, | ||
I submit
myself to the jurisdiction of Illinois courts for | ||
all matters related to the
preparation and use of this | ||
affidavit. My agent for service of process in
Illinois is:
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Name ................. Address .....................
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City ................. Telephone ...................
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Items 2 through 6 must be completed by the executor of the | ||
decedent's
estate, a personal representative, owner's | ||
surviving spouse, or surviving
heir.
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2. The decedent's name is ..............................
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3. The date of decedent's death was ....................
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4. The decedent's place of residence immediately before
his | ||
or her death was ........................................
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5. My relationship to the decedent is .................. | ||
and I am authorized to sign and file this affidavit.
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6. At the time of death, the decedent (had no) (had a) | ||
surviving spouse.
The name of the surviving spouse, if any, is | ||
....................., and
he or she (has) (has not) remarried.
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7. The following is a list of the cemetery interment rights
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that may be used by the heirs if the owner is deceased:
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.............................................................
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.............................................................
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8. The following persons have an ownership interest in and | ||
the right to use the cemetery interment rights
in the order of | ||
their death:
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.......................... Address ..........................
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.......................... Address ..........................
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.......................... Address ..........................
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.......................... Address ..........................
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.......................... Address ..........................
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.......................... Address ..........................
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.......................... Address ..........................
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9. This affidavit is made for the purpose of obtaining the | ||
consent of the
undersigned to transfer the right of interment | ||
at the above mentioned cemetery
property to the listed heirs. | ||
Affiants agree that they will save, hold
harmless, and | ||
indemnify Cemetery, its heirs, successors, employees, and
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assigns, from all claims, loss, or damage whatsoever that may | ||
result from
relying on this affidavit to record said transfer | ||
in its records and allow
interments on the basis of the | ||
information contained in this affidavit.
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WHEREFORE affiant requests Cemetery to recognize the above | ||
named
heirs-at-law as those rightfully entitled to the | ||
ownership of and use of said interment
(spaces) (space).
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THE FOREGOING STATEMENT IS MADE UNDER THE PENALTIES OF PERJURY.
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(A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF PERJURY IS | ||
PERJURY AS
DEFINED IN THE CRIMINAL CODE OF 1961.)
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Dated this ........ day of .............., .....
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................... (Seal) (To be signed by the owner or | ||
the individual who
completes items 2 through 6 above.)
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Subscribed and sworn to before me, a Notary Public in and for | ||
the County and
State of .............. aforesaid
this ........ | ||
day of ..............., .....
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............................ Notary Public.
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(Source: P.A. 92-419, eff. 1-1-02; 93-772, eff. 1-1-05.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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