Whose permission has to be obtained to legally move a baby from one cemetery lot to another within the same cemetery?

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Whose permission has to be obtained to legally move a baby from one cemetery lot to another within the same cemetery?

Asked on February 7, 2011 under Real Estate Law, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I a assuming that it would be the right of the party who has the rights to the body.  Exhuming the casket and moving it does involve the ownership rights of the plot in which the party is buried.  One would have to dig up their plot in the cemetery to get to the casket that you would wish moved.  But if the child was improperly buried there in the first place then the party with whom the right to  bury the child should be able to have the child moved.  But it may not be without involving the courts.  A cemetery may not abide by your say so to have the child moved.  It may be best to inquire from them what they will need so that they are not embroiled in a battle.  Good luck.


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