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Funeral & Cemetery Law

Throughout the United States, Gurnee, Mason & Forestiere is regarded as one of the most experienced and respected firms in protecting the interests of businesses in the funeral and cemetery industry. We have advised 100s of cemeteries and funeral homes regarding various aspects of the industry, including regulatory compliance, professional negligence, and employment disputes. Clients also enlist our professional counsel in business dealings such as acquisitions and divestitures. We have acted as lead defense counsel in a number of class action cases involving claims of negligence or misrepresentation in the sale or performance of funeral related goods and services including casket sales, FTC Funeral Rule compliance, cremation and burial practices, and wage and hour regulatory compliance.

  • Negligence Actions and Claims.
    Our attorneys have successfully defended funeral homes, cemeteries, and crematoriums from individual and class actions based upon alleged negligence. This includes determining the extent of insurance coverage they may have for such matters. Where appropriate, our attorneys also seek indemnity from others whose negligence was the sole or proximate cause of any claimed injuries.
  • Transfers of Funeral Homes and Cemeteries.
    Our attorneys have represented clients who have bought and/or sold funeral homes, cemeteries, and crematoriums. Our work includes providing advice and preparation of the acquisition and assets purchase agreements, assisting them with their due diligence, and helping them comply with all of the applicable regulatory issues, including the transfers of certificates of authorities and any other licenses.
  • Entity Formation and Business Operation.
    Gurnee, Mason & Forestiere can assist clients in creating new entities that will own and operate funeral homes, cemeteries and crematoriums. Services include developing forms and procedures needed for operation, regulatory compliance and employment matters. We have also assisted clients in creating new cemeteries and in de-dedicating the cemetery use of their real property.
  • Regulatory Compliance.
    Gurnee, Mason & Forestiere assists clients with all types of regulatory issues, including annual regulatory audits of their endowment and special care audits of funds and contracts. We have successfully defended our clients in administrative hearing proceedings, and in contesting and/or appealing fines and citations.