February 2017

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Page A10 FEBRUARY 2017 FUNERAL HOME & CEMETERY NEWS S ec t i on A
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The Obligation
to Correct Erroneous Published
Information (Part 2)
Part 1 of the discussion of this topic reviewed a series of letters
that were published in the Dear Abby column starting in May,
2001 that dealt with how the letter writers were dealing with the
disposition of their own cremated remains or the cremated re-
mains of other. Unfortunately, these letters and sometimes the
response by the columnist illustrated misinformation and pos-
sible even actions that might be in violation of state and federal
laws and regulations.
What Legal And Other Problems Were Created By These
Letters?
The legal problems created by these letters were:
1. Misinformation about cremation is being widely circulated.
2. State Laws may be violated.
3. Federal and state park rules might be violated.
4. Cemetery Rules and Regulations are violated.
5. The legal rights of the deceased first wife might be violated.
6. The legal rights of survivors may be violated.
7. The legal rights of third persons may be violated.
What Is the Misinformation About Cremation?
Members of the industry know the remains of a human body
that has been cremated are not ashes. Cremated remains are bone
fragments and if not mechanically reduced can be too large to
scatter. Cremated remains do not immediately dissolve, so if
scattered they may be noticeable for a long time. Unfortunately,
the movies and media have misused the term “ashes” for many
years, not realizing the problems it causes survivors who attempt
to scatter the cremated remains in the manner often depicted.
The industry uses the term “cremated remains.” It is probable
that the industry will never be successful in convincing the pub-
lic to use that term instead of the term ashes. However, it is im-
portant that the media begins to understand that there is a dif-
ference between what people commonly think are ashes and the
term “ashes” used by the media for cremated remains. Until this
is accomplished, the public will continue to dispose of cremated
remains in an improper manner.
What Are the State Laws That Might Be Violated?
The scattering that was done by the letter writers probably vio-
lated state laws. While it is permissible in all states to scatter cre-
The advice given did indicate the surviving child should be
consulted, but it did not include any of the other issues to con-
sider.
What Are the Rights of Survivors That Might Be Violated?
Survivors’ rights concerning changing cemetery arrange-
ments and memorials after the death of the first spouse were
discussed previously. Survivors also may have rights concern-
ing the disposition of cremated remains. When separating cre-
mated remains make sure that everyone agrees with the plan.
The individuals that have the legal right to authorize a crema-
tion usually have the right to determine the disposition of the
cremated remains. Also, make sure that those individuals that
take some of the cremated remains intend to treat them in a re-
spectful manner. The decisions in a series of cases reviewed in
this column several years ago involving Howard Stern’s mishan-
dling of the cremated remains illustrates the lack of respect that
could occur when there are no limitations.
What Rights of Third Parties Might Be Violated?
One of the letter writers indicated that she scattered part of
her father’s cremated remains on the property of exotic car deal-
ers in the area. The letter does not indicate if the daughter ob-
tained the permission of the dealers to scatter cremated remains
on their property. The scattering of cremated remains on pri-
vate property without consent probably constitutes a trespass-
ing on private property. It is against the law in every state to
trespass on private property. Unfortunately, there was no men-
tion in the advice column that it might be necessary to obtain
the consent of a private property owner before scattering cre-
mated remains on the property.
Conclusion
While there is no guarantee that the media will correct a
problem, it does not hurt to try. If the matter is handled in a re-
spectful manner, there is a good possibility that the correct in-
formation will be published. Often at the very worse you may
establish a contact with the media that could prove useful in
the future.
This article is for the information of subscribers and does not
constitute legal advice about this subject. All subscribers should
accordingly consult with their own attorney to make sure they
are in compliance with the laws in their state.
mated remains there are legal limits and requirements. No state per-
mits cremated remains to be scattered on private property without
the consent of the property owner. There usually are prohibitions
and restrictions on scattering cremated remains on public property.
Many states also have laws prohibiting vandalism or desecrating
cemeteries. The scattering of cremated remains over a burial space
could constitute a violation of these laws. Several years ago, visiting
children at a cemetery in Chicago discover bone fragments on their
mother’s burial space. A complaint was filed with the state against
the cemetery because they thought the cemetery had buried their
mother in a space that was already used. These allegations were also
reported to the media and became part of an alleged cemetery scan-
dal. When it turned out that someone had scattered cremated re-
mains illegally, the matter was resolved. Unfortunately the cemetery
incurred substantial expenses and was exposed to bad publicity as a
result of the complaint.
What Are the Federal and State Park Rules That Might Be Vio-
lated?
Some of the federal parks and state park systems have specific
rules; permit requirements and sometimes location limitations for
scattering. Many cemeteries also have rules and regulations prohib-
iting the scattering of cremated remains except in certain designated
areas. The advice columnist should have indicated that anyone scat-
tering cremated remains should check the requirements of a park,
other public areas or obtain the consent of a private property owner
before scattering.
What Cemetery Rules and Regulations Could Be Violated?
All cemeteries have some rules and regulations. Some cemeteries
have very detailed rules and regulations dealing with the types of
memorials and monuments permitted in the cemetery. Typically,
these rules and regulations cover the location of the memorial or
monument on an interment space. Adding a memorial for the cre-
mated remains of a second spouse on the grave spaces where the
first spouse is buried also has legal implications. See the discussion
on the rights of deceased persons below.
Some cemeteries have rules restricting the interment of cremated
remains on an interment space. Usually, only the cremated remains
of one person can be interred in a burial space where a body is in-
terred.
What Are the Rights of a Deceased Person That Might Be Vio-
lated?
When the deceased spouse originally acquired burial spaces with
their spouse, there was an expectation that they would be buried
in the manner selected. If a companion memorial was purchased
and installed when the first spouse died, then changing the arrange-
ment may require the legal consent of all survivors. In addition,
most cemeteries have rules and regulations dealing with burial of
cremated remains and proper memorials.
The letter published on May 7, 2001 indicated that a companion
memorial was purchased with the inscription “Together Forever.” It
is probable that the first wife was not thinking about a threesome
when she selected that inscription and made those arrangements.
There is no indication in the letter that the cemetery had been con-
tacted. If the cemetery had rules and regulations prohibiting the in-
terment of cremated remains in an occupied space then the letter
writer’s plans would have to be changed. Other complications could
occur if the letter writer predeceased the husband.
Harvey I. Lapin, P.C., is a member of the Illinois Bar and Florida Bar. He
is a member of the faculty at the John Marshall Law School in Chicago
and is presently teaching the subject of Tax Exempt Organizations. He is
also associated with Florida-based law firm Sachs, Sax & Caplan, leading
the firm’s Funeral, Cemetery and Cremation Practice Group.
He has written numerous articles on the subject of taxation, funeral
and cemetery law.
The subject discussed in this article and future articles resulted from
the questions from readers. The author is licensed to practice law in
Illinois, Florida and Wisconsin. He has been involved with legal mat-
ters related to the industry in almost every state and can be reached by
phone at 847-334-1983 or by email at .
By Atty. Harvey I. Lapin
Legal
Speak
864-509-9199
commitment to excellence
and attention to detail. We
are honored that they have
joined the Foundation Part-
ners Group team.”
“This transition will enable
our firm to carry forward
our mission to ‘create beau-
tiful farewells’ with more in-
novation and resources than
ever before,” said Benito, co-
owner of Benito & Azzaro.
“I’m very excited by the new
service offerings such as the
ShareLife® multi-sensory ex-
perience that we will now be
able to offer our families.”
“At Benito & Azzaro, we
believe in celebrating life
by helping the family cre-
ate a farewell ceremony that
highlights the very essence
of the person,” commented
Azzaro, co-owner of Benito
& Azzaro. “This philosophy
is embraced as enthusiasti-
cally by the members of the
Foundation Partners Group
team as it is by the staff here
at Benito & Azzaro.”
Benito began working in
funeral service in his father’s
funeral home, Norman’s
Funeral Chapel, in 1977
after graduation from high
school. He later attended
Cypress Junior College and
graduated with a degree in
mortuary science. Azzaro
started in funeral service in
1980 at a firm in Fresno,
CA. He later attended Cy-
press Junior College and
also graduated with a de-
gree in mortuary science.
In 1985, he moved to Santa
Cruz and joined Norman’s
Funeral Chapel. In 1999,
after many successful and
rewarding years working to-
gether, Benito and Azzaro
formed a partnership and
purchased Chapel of the
Four Seasons, which they
renamed Benito and Azzaro
Pacific Gardens Chapel.
“We couldn’t be more
pleased to welcome Beni-
to & Azzaro Pacific Gar-
dens Chapel to our team,”
stated Justin Baxley, se-
nior vice president of busi-
ness development at FPG.
“We have long admired all
that Gary and Vince have
accomplished in building
a great funeral home oper-
ation, as well as fostering a
solid company culture and
talented team.
Foundation Partners Group Adds Benito & Azzaro
ORLANDO,FL— Foun-
dation Partners Group
(FPG) announced the ac-
quisition of an exception-
al operation in California’s
Central Coast region. Beni-
to & Azzaro Pacific Gar-
dens Chapel in Santa Cruz
has joined the Foundation
Partners Group family.
“Gary Benito and Vince
Azzaro have built a strong
reputation for impeccable
customer service and mean-
ingful experiences for fami-
lies in the Santa Cruz mar-
ket,” stated Bob Bukala,
FPG president and CEO.
“They are well-known
throughout the area for their