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Dave Kennett
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Category: Business Law
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Experience:  25 years practicing law
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Is it leagal and or ethical, or is it a conflict of interest,

Customer Question

Is it leagal and or ethical, or is it a conflict of interest, or a monopoly, for a funeral home to be involved in the sale of cemtery gravestones in the state of Massachusetts?
Submitted: 5 years ago.
Category: Business Law
Expert:  Dave Kennett replied 5 years ago.

DearCustomer- I cannot find anything in the Massachusetts code that would prohibit such activity. I also cannot see any conflict of interest or ethical problems since these are related activities. Many funeral homes sell the caskets involved and the selling of gravestones seems to be just as relevant. Since I don't have any details of your individual situation I cannot comment specifically but in general I see no problem with the practice.

 

David Kennett - JD - Attorney at Law

Expert:  Dave Kennett replied 5 years ago.

I recently found this from another expert and wanted to pass it along. It did not come up in my original research and I apologize for any misinformation I might have provided.

 

Dave

 

239 CMR 3.00: Registration Requirements; Standards of Business and Professional Practice

"3.13: Code of Conduct and Professional Ethics
(1) No person who is registered with the Board, nor any person who holds an ownership interest in or is employed by any funeral establishment licensed by the Board, shall engage in, or hold any ownership interest in, any other business which is related to the disposition of human remains, including but not limited to any cemetery; crematorium; retail or wholesale casket, urn or vault sales or rental enterprise; monument sales enterprise; or other similar business."

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