Legal Question in Civil Litigation in Maryland

Litigation between owner of cemetery plot and wife whose husband is buried in pl

When my husband died, I buried him in a plot provided by his mother. I paid for opening the grave, the casket, vault and grave marker. His mother did not approve of my marker and I discovered she has removed my marker and put another marker in its place. First, can I force her to return my marker to the grave site? Legally, did she steal it? Second, do I own the contents of the grave, i.e., the casket and vault? Do I "own" my husband's remains? Could I legally remove the contents of the grave? If I am not allowed to remove my husband's remains, can I sue her to pay for any or all of the costs for the grave marker, vault, casket, or the opening of the grave when my husband was buried?


Asked on 2/12/00, 5:43 pm

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: Litigation between owner of cemetery plot and wife whose husband is buried i

You raise some unusual and interesting questions, which probably have not often been considered before in a court of law. First of all, I don't think that the fact that your former mother-in-law paid for the grave site gives her superior rights over you in terms of the burial site. It could be argued that the site was a gift to her son and therefore to you as the spouse. Thus, I think you have a right to control the marker. However, I don't think you have any claim against her for funeral expenses. With a court order, you could have your husband's remains removed and buried elsewhere if you see fit to do so.

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Answered on 2/16/00, 4:56 pm


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