Legal Question in Wills and Trusts in New Jersey

My mother passed away young in the early 1990's and was buried in one of her parent's plot. Doing funeral planning recently to set up a trust for my Dad presently in his mid-70's he wishes to be buried with Mom, however there is not room in maternal Grandparent's plot for him. My brother and I would like to purchase a new plot for Dad and Mom and move her so that our parents can be together. Our Uncle and Aunt (mom's siblings) own the remaining plots (as well as us) of the Grandparents. Cemetery mentioned if we move Mom we would have to get THEIR permission. We do not have a good relationship with Aunt and Uncle at all.

Do we have the right to Mom's remains? Can we move her without their permission? This is her spouse and children who want her moved to her "own" family plot. What is our rights with regard to this?


Asked on 10/03/09, 4:27 am

1 Answer from Attorneys
Robert Davies The Davies Law Firm, P.A.

This is a very difficult situation. Moving remains requires...well, more than just advice from some lawyer over a computer bulletin board.

I have handled one such fight, and it was difficult. But that was a fight over where to bury a person.

Your situation is different, and probably a lot less trouble.

There was a decision by the New Jersey Superior Court, Appellate Division recently concerning relocating human remains.

Give me a call if you would like to talk it over. The telephone discussion will be free of charge, and I will let you know what I believe I can do to assist you further. My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

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Answered on 10/08/09, 7:34 pm


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