Legal Question in Civil Litigation in Tennessee
Burial Tombstone
My father died 10 years ago. At the time of his death, my step-mother bought a double tombstone with her name and my father's name engraved on it. She passed away last month. She was not buried beside my father, in fact, she was buried by her first husband, in another county.
The burial plot is in a country cemetery and you do not have to purchase the lots.
My mother is still living and she and my father have a son buried next to my father. He died in 1947 and they decided to have the three plots together. In the meantime, they divorce and my father remarries.
I have three sisters and one brother and we want to remove the tombstone and replace it with one for our father and mother.
Since my step-mother bought the tombstone, can we replace it with another one with both of our parents names?
Help please!!
Thank You in Advance
1 Answer from Attorneys
Re: Burial Tombstone
The answer is probably yes. This would likely be a contractual issue. If there was some sort of contract with the cemetary for the specific tombstone to be placed and maintained, then maybe not. However, I doubt there is any sort of contract in place which would affect this situation. You will probably want to contact whoever maintains the cemetary and whoever placed the tombstone to check this out and then you can proceed with your plans.
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