Legal Question in Wills and Trusts in Illinois

Rights Regarding An Exhumation

Hi -

My question is regarding exhuming a body from a gravesite in an Illinois cemetery and transfering the casket to another gravesite.

The body in question has been buried for 11 years, and exhumation is being considered due to the personal wishes of the owner of the cemetery plot in which the body resides. The plot owner is the father of the wife of the deceased, and there is the potential for disagreement between these two people.

In such a circumstance, who has the right to determine whether and when the exhumation will occur - the wife or the plot owner? Also, are there any general requirements that must be met before an exhumation and reburial can take place?

Thanks for your help.


Asked on 7/27/04, 10:52 pm

1 Answer from Attorneys
Cyndi Perez Trostin

Re: Rights Regarding An Exhumation

This is a very complex dilemma you have posed.

Your best course of action is to first check with the cemetery where the grave is located.

The ownership of a burial plat falls under the Illinois real estate statutes; however, there are many other laws protecting and respecting the rights of the deceased. It may not be a simple matter to exhume the grave without express permission from the next-of-kin (who doesn't seem to be the owner of the plat).

If there is disagreement, there may need to be a court order directing that the casket be moved. However, I have heard of this happening when a mistake has been made (the casket was buried in the wrong plat).

Lastly, but not least important is respecting the religious beliefs of the persons involved, including the deceased. Also, if the cemetery is owned or managed by a religious denomination, their bylaws may not allow the casket to be exhumed.

Good luck to you.

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Answered on 7/28/04, 1:15 am


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