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Public Act 094-0520
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| HB3749 Enrolled |
LRB094 07674 LCB 40803 b |
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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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