How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attyadvisor Your Own Question
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5824
Experience:  28 years of experience in General Practice, Real Estate Law and Estate Law.
68197583
Type Your Real Estate Law Question Here...
Attyadvisor is online now
A new question is answered every 9 seconds

We own 3 plots side by side at cemetery and want to put

Customer Question

We own 3 plots side by side at cemetery and want to put words on both sides of marker but the new owners say we cant
Submitted: 10 months ago.
Category: Real Estate Law
Customer: replied 10 months ago.
We don't recall seeing or signing any agreements on rules and regulations when purchasing plots. Also the marker was paid for when we bought plots.
Expert:  Attyadvisor replied 10 months ago.

Welcome and thank you for your question. This may be some new rule that did not exist when you purchased the lots. Can you ask them to pull a copy of your lot purchase documents for your record so we can see if there was any language addressing this matter. We would also want to check to the local laws to see if there are any laws that have been implemented that prohibit the markers you are requesting. If there is nothing in the law that prohibits this and nothing was signed prohibiting this you have an action against the cemetery and I can tell you how to handle the dispute.

Customer: replied 10 months ago.
We will get lot purchase agreement along with all documents in our file. Our son passed away in 2008 and just now trying to order the marker. We are not sure where to go to check on local laws but don't believe the were any
Expert:  Attyadvisor replied 10 months ago.

I have put together the laws for you and links to file a complaint.

The Tennessee Department of Commerce and Insurance can take a complaint under the section Funeral Directors, Embalmers & Burial Services https://tn.gov/commerce/article/funeral-file-a-complaint

The Department of Commerce can answer questions that you may have with regard to your situation.

This is a link for general information on the laws that govern cemetery and funeral services http://www.nolo.com/legal-encyclopedia/burial-cremation-laws-tennessee.html

The law that governs cemeteries is Tennessee Code Title 46 – Cemeteries

http://law.justia.com/codes/tennessee/2010/title-46

Where is the cemetery located in Tennessee?

Customer: replied 10 months ago.
Kingsport 37660
Expert:  Attyadvisor replied 10 months ago.

Sorry about the strange text above. Let me look up the rules if any for you.

Expert:  Attyadvisor replied 10 months ago.

The Planning and Zoning Department would have the most up to date information as far as new ordinances or restrictions on monuments. You can contact them at http://development.kingsporttn.gov/planning

If you find your documentation please return to this question and it would be my pleasure to take a look at would received.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA!

Expert:  Attyadvisor replied 10 months ago.

There are also pro bono and legal aid attorneys that can assist at http://www.indianalegalservices.org/topics/158

The bot***** *****ne is that you will need an advocate to protect your interests and under the your father's attorney is not required to do so.

I hope that the information I provided assisted with some direction for you in this matter. If anything was done to mishandle or misappropriate monies of the estate you have an action against the executors. Of course you want to pursue this as you want your father's wishes to be fulfilled.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA!

Expert:  Attyadvisor replied 10 months ago.

I wanted to check to see if you had any follow up questions for me?

Expert:  Attyadvisor replied 10 months ago.

http://www.lni.wa.gov/main/smallbusiness/BusinessRequirements.asp?&source=FF

http://blog.gettinghired.com/Home/tabid/159/entryid/108/when-to-appropriately-fire-an-employee-with-mental-health-challenges.aspx

I can see why these is both abusive and frustrating as there is very little you can do to stop an investigation and this can be used a toll to harass small businesses by disgruntled employees.

The only way to stop the inspection unless you file an injunction with the court to stop L & I. I would also want to file an injunction against harassment against the employee (https://www.courts.wa.gov/forms/?fa=forms.contribute&formID=66)as well as report any criminal activity the employee was engaged in.

An injunction is a court order requiring an individual to do or not do a specific action. It is an extraordinary remedy that courts utilize in specialcases where preservation of the status quo or taking some specific action is required in order to prevent possible injustice. For example, in a custody case, an injunction may be used to prevent a party from removing a child from the country. Injunctive relief is an equitable remedy granted when money damages are not able to compensate the plaintiff's violation of rights if an injuction is not granted. Failure to comply with a notice of an injunction is punishable by being held in contempt of court.

There are two types of injunctions: a preliminary injunction and a temporary restraining order (TRO). The purpose of both is to maintain the status quo --to insure a plaintiff that the defendant will not either make him or herself judgment-proof, or insolvent in some way, or to stop him or her from acting in a harmful way until further judicial proceedings are available. The court uses its discretionary power to balance the defendant's due process rights against the possibility of the defendant becoming judgment-proof, and the immediacy of the threat of harm to the plaintiff Courts can also issue preliminary injunctions to take effect immediately and effective until a decision is made on a permanent injunction, which can stay in effect indefinitely or until certain conditions are met. In many jurisdictions, plaintiffs demanding an injunction are required to post a bond.” http://www.uslegalforms.com/injunction-forms.htm

Here is more information on injunctions http://www.ehow.com/how_5707602_file-civil-court-injunction.html

I am not sure why they are insisting on continuing with the investigation based on the information that you provided.

http://www.atg.wa.gov/labor-industries

My suggestion would be to hire a local attorney to assist you in fighting frivolous allegations from being pursued by disgruntled employees.

I would also file a complaint with the State Attorney General advising them that they are putting small business in jeopardy of harassment for unfounded claims. The Attorney General is the top law enforcement official in the State. https://fortress.wa.gov/atg/formhandler/ago/ComplaintForm.aspx

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. Thank you for using JA!

Expert:  Attyadvisor replied 9 months ago.

Did you obtain a copy of the documents?

Related Real Estate Law Questions