Legal Question in Wills and Trusts in Maryland
Rights to my father's grave in family grave site
When my father died, he was buried next to his parents in the family grave site at New Cathedral Catholic Cemetary in Baltimore. The site was purchased by my father's spinster sister who died and was buried there also.
At the time of his burial, my father was buried extra deep to accommodate my mother in the event of her death.
After my father's funeral, my mother had a fight with my father's spinster sister and their brother. The feud lasted beyond death. Mom instructed us that she did not want to be buried with my father. When Mom died, we buried her in a different grave site according to her wishes.
My father's brother died and was supposed to be buried extra deep to accommodate his widow. Uncle's widow did not dig uncle's grave extra deep. There are no extra graves at the site except the one on top of my father.
Can I keep uncle's widow from being buried on top of my father? If so, what do I have to do? Do I have any rights to the spot over top of my father?
Sincerely,
2 Answers from Attorneys
Re: Rights to Father's Grave Site
Your question is complex. There are several things to point out.
1. There is no question of disinterment here; there is no conflict between two
bona fide purchasers. The issue simply is whether there is any impediment to
Uncle's widow being buried above your father. See Quesenbury, 70 Md.App. 320 (1987)
2. The repose of the departed is not lightly to be disturbed. The availability of evidence of this repose may be crucial to your matter.
Equitable action may lie. Declaratory judgment on the right of sepulture to the grave above your father may be needed.
Clearly your matter is difficult and filled with emotion. Arguments lie on both sides. One that could be raised in your behalf is that
Uncle's widow did not intend to be buried there when she did not have her husband buried deep enough to accomodate her burial atop him. But of course, she may have intended all along to be buried atop your father which would be irregular at best. Or there may be unknown reasons, other than cost, as to why your Uncle was not buried deep enough to accomodate his widow. Moreover, your mother intended
to be buried atop your father by having him buried deep and did not do so for another woman to be buried atop him. On the otherhand, your mother chose not to be buried atop your father
when she directed her burial in another graveyard.
Other relevant aspects are funeral custom and rite may apply. In this regard, it appears that the available grave above your father should be filled by one of his children.
Issues of title (law) can and often do yeild to issues of the will of the departed and customary funeral rites and of passage (i.e., euqity).
At this point, is Uncle's widow alive or dead? Who is asserting the rite of sepulture over the grave site? What were the exact terms of use as stated upon the first interment (i.e., one of your grandparents)?
Who holds legal title to the site that is available above your father?
This is a difficult matter with many unanswered questions. This e-mail simply provides information about a general situation and is not specific legal advice for your situation. The advice and service of an attorney is highly recommended. Various courses of action may exist and consultation with an attorney should prove valuable in assessing your options.
Re: Rights to my father's grave in family grave site
Further facts need to be developed to determine the range of legal options available. There are a number of fact-specific issues under MD law that need to be carefully considered and dealt with concerning burial places/rights. An experienced probate/estate planning attorney should be able to handle this under MD law. Please note that my legal services are available only with a signed engagement agreement in accordance with the Code of Professional Ethics applicable to attorneys licensed in the state of MD. If I can be of any help to you or people you know, give me a call as I would be pleased to provide legal support. Sincerely, Robert Beatson, II; 5-13-2002, 11:05 p.m. EST; Law Offices of Robert Beatson, II; 9818 Glynshire Way, Potomac, MD 20854; Tel/Fax 301-340-2951; email: [email protected]; website: www.beatsonlaw.com; Licensed to practice law in DC, MD, VA, and NY.
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