093_HB2572eng

 
HB2572 Engrossed                     LRB093 04098 LCB 04138 b

 1        AN ACT in relation to property.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Cemetery Protection  Act  is  amended  by
 5    changing Section 16 as follows:

 6        (765 ILCS 835/16)
 7        Sec.  16.  When  a multiple interment right owner becomes
 8    deceased, the ownership of any  unused  rights  of  interment
 9    shall  pass  in  accordance  with the specific bequest in the
10    decedent's will.   If there is no will  or  specific  bequest
11    then  the ownership and use of the unused rights of interment
12    shall be determined by a  cemetery  authority  in  accordance
13    with  the  information  set  out  on a standard affidavit for
14    cemetery interment rights use form if such a  form  has  been
15    prepared.   The  unused  right of interment shall be used for
16    the interment of  the  first  deceased  heir  listed  on  the
17    standard  affidavit and continue in sequence until all listed
18    heirs are deceased.  In the event that an interment right  is
19    not  used, the interment right shall pass to the heirs of the
20    heirs of the deceased interment right  owner  in  perpetuity.
21    This shall not preclude the ability of the heirs to sell said
22    interment  rights,  in the event that all listed living heirs
23    are in agreement.  If the  standard  affidavit  for  cemetery
24    interment  rights use, showing heirship of decedent interment
25    right owner's living heirs is provided to and followed  by  a
26    cemetery  authority, the cemetery authority shall be released
27    of any liability in relying on that affidavit.
28        The following is the form of the standard affidavit:

29    STATE OF ILLINOIS             )
30                                  ) SS
31    COUNTY OF ....................)
 
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 1             AFFIDAVIT FOR CEMETERY INTERMENT RIGHTS USE
 2    I, .............., being first duly sworn on oath depose  and
 3    say that:
 4        1.  A.  My place of residence is ........................
 5            B.  My post office address is .......................
 6            C.  I  understand that I am providing the information
 7        contained  in  this   affidavit   to   the   ............
 8        ("Cemetery")  and  the  Cemetery shall, in the absence of
 9        directions to the contrary  in  my  will,  rely  on  this
10        information   to  allow  the  listed  individuals  to  be
11        interred in any unused interment rights in the  order  of
12        their death.
13            D.  I  understand  that,  if  I  am  an  out-of-state
14        resident, I submit myself to the jurisdiction of Illinois
15        courts for all matters related to the preparation and use
16        of  this  affidavit.   My agent for service of process in
17        Illinois is:
18             Name ................. Address .....................
19             City ................. Telephone ...................

20        Items 2 through 6 must be completed by  the  executor  of
21    the  decedent's  estate,  a  personal representative, owner's
22    surviving spouse, or surviving heir.
23        2.  The decedent's name is ..............................
24        3.  The date of decedent's death was ....................
25        4.  The decedent's place of residence immediately  before
26    his or her death was ........................................
27        5.  My relationship to the decedent is ..................
28    and I am authorized to sign and file this affidavit.
29        6.  At  the  time of death, the decedent (had no) (had a)
30    surviving spouse. The name of the surviving spouse,  if  any,
31    is  .....................,  and  he  or  she  (has) (has not)
32    remarried.
33        7.  The following is a list  of  the  cemetery  interment
34    rights  that  may  be  used  by  the  heirs  if  the owner is
 
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 1    deceased:
 2    .............................................................
 3    .............................................................
 4        8.  The following persons have an ownership  interest  in
 5    and  the  a right to use the cemetery interment rights in the
 6    order of their death:
 7    .......................... Address ..........................
 8    .......................... Address ..........................
 9    .......................... Address ..........................
10    .......................... Address ..........................
11    .......................... Address ..........................
12    .......................... Address ..........................
13    .......................... Address ..........................
14        9.  This affidavit is made for the purpose  of  obtaining
15    the  consent  of  the  undersigned  to  transfer the right of
16    interment at the above mentioned  cemetery  property  to  the
17    listed  heirs.   Affiants  agree  that  they  will save, hold
18    harmless, and  indemnify  Cemetery,  its  heirs,  successors,
19    employees,  and  assigns,  from  all  claims, loss, or damage
20    whatsoever that may result from relying on this affidavit  to
21    record  said  transfer in its records and allow interments on
22    the basis of the information contained in this affidavit.

23        WHEREFORE affiant  requests  Cemetery  to  recognize  the
24    above  named heirs-at-law as those rightfully entitled to the
25    ownership of and use of said interment (spaces) (space).

26    THE FOREGOING  STATEMENT  IS  MADE  UNDER  THE  PENALTIES  OF
27    PERJURY.  (A FRAUDULENT STATEMENT MADE UNDER THE PENALTIES OF
28    PERJURY IS PERJURY AS DEFINED IN THE CRIMINAL CODE OF 1961.)
29        Dated this ........ day of ..............,  .....

30        ................... (Seal) (To be signed by the owner  or
31        the individual who completes items 2 through 6 above.)
32    Subscribed and sworn to before me, a Notary Public in and for
33    the   County   and   State  of .............. aforesaid  this
 
HB2572 Engrossed            -4-      LRB093 04098 LCB 04138 b
 1    ........ day of ..............., .....

 2    ............................ Notary Public.
 3    (Source: P.A. 92-419, eff. 1-1-02.)