Cemetery & Mortuary Law

Cousineau, Van Bergen, McNee & Malone, P.A.’s Mortuary Law Practice Group and Cemetery Law Practice Group is led by Michael D. Sharkey, who is a licensed funeral director with significant industry expertise and insider knowledge of funeral practice. Our mortuary law attorneys provide advice and counsel for funeral homes, crematories, and licensed funerals directors. They litigate on behalf of funeral practitioners, including defending funeral businesses in civil lawsuits.

The Mortuary Law Practice Group also assists funeral professionals with FTC, OSHA, and state law compliance, regulatory issues, and crematory permitting. The mortuary law attorneys have significant experience in representing funeral homes and licensed funeral directors before the Department of Health. The attorneys advise insurance companies and funeral operators regarding risk management. The attorneys also work with funeral homes in the role of “fixer” by providing assistance in working with difficult families so that the funeral home’s reputation is maintained.

In addition to providing advice and counsel for cemeteries and their Boards of Directors, Cousineau, Van Bergen, McNee & Malone, P.A.’s mortuary law attorneys also provide litigation services to cemeteries including defending them against civil damages claims. The attorneys also work with cemeterians on regulatory and permitting/land use issues. Finally, the Mortuary Law Practice Group has both significant courtroom and field experience with disinterment/reinterment work including permitting and onsite exhumation project management.