If my estranged stepfather wishes to exhume my mother and move her to another cemetery against our family’s wishes, can he legally do so?

Mother died 2 years ago. My stepfather has alienated himself from the children. We do not want him buried next to our mother, so he is threatening to have her body exhumed and moved to another cemetery. The deed to the cemetery plot is held by my grandmother (mother of the deceased) and she is willing to go along with the children’s wishes.

Asked on May 22, 2012 under Family Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to figure out whether she had a will that changed any rights he had to allow him to make such post-death decisions. If the plot is owned by your grandmother, then the best bet is to have the grandmother fight this and you need to consult an attorney about this threatened action. 


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