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Old 10-24-2013, 06:30 PM
subvetssn subvetssn is offline
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Default Interesting situation. Stranger buried in family cemetery without permission.



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This is a curious matter that doesn't affect me, but an acquaintance.

Suppose you're reading the obits in the weekly paper and notice that there was a burial in a family cemetery on your property. Must be a typo, you'd probably think. You'd know if someone was freshly buried on your property, right? You don't recognize the name of the deceased, don't know the survivors, and, to top it off, the person was from out of state.

But out of curiosity, you drive to the corner of your farm where the family plot is and, lo and behold, there's a fresh grave there. Looks like there might have even been a graveside service. It must have happened while you were at work and no one bothered to inform you or to get permission.

So you call the funeral home wanting more info. After the first one, they stop taking your calls.

What do you do? Let it slide? Contact relatives and see if there is, indeed, a family connection? Get annoyed that the sanctity of the family cemetery is disturbed and toss your shovel in the back of your truck and go digging?

I'm not sure this one's in the rule books...legal or ethics editions.

Anyway, I'm sure there are plenty of homesteaders on here with family or abandoned graves on their spread. Ever encounter anything like this?
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Old 10-24-2013, 06:42 PM
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We had the same thing happen, the interloper was an ex-husband of one of the Aunty.

Some family members are mad but not mad enough to do anything about it.

I would ask first.
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Old 10-24-2013, 06:44 PM
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Interesting dilemma. I'd say if no one in the family knows what's going on..... lawyer up and let them fight it out.
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Old 10-24-2013, 06:49 PM
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Originally Posted by OLDWarrior64 View Post
Interesting dilemma. I'd say if no one in the family knows what's going on..... lawyer up and let them fight it out.
Lawyering up gets expensive fast.

But it could come to that.

What little info I'm finding hints that courts are reluctant to exhume bodies and prefer to respect the sanctity of the grave.

It will be interesting to see how it goes. But I suspect it's a distant relative or, as mentioned above, a relation through marriage. The funeral home probably dropped the ball or just assumed it would be ok.
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Old 10-24-2013, 06:53 PM
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Dig that bastard up and sell all of the crap he was buried with as a "fee" for being buried there!
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Old 10-24-2013, 06:55 PM
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Originally Posted by Romeo Bravo View Post
Dig that bastard up and sell all of the crap he was buried with as a "fee" for being buried there!
That would be grave robbery and illegal. Doesnt matter if they didnt have permission to bury the person there.
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Old 10-24-2013, 06:57 PM
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What would happen if someone were buried in a regular cemetery without paying for the plot? Same rules should apply.
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Old 10-24-2013, 06:58 PM
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Quote:
Originally Posted by subvetssn View Post
Lawyering up gets expensive fast.

But it could come to that.

What little info I'm finding hints that courts are reluctant to exhume bodies and prefer to respect the sanctity of the grave.

It will be interesting to see how it goes. But I suspect it's a distant relative or, as mentioned above, a relation through marriage. The funeral home probably dropped the ball or just assumed it would be ok.
Definitely a mystery and I'm sure it would be a subject of a discussion for a while. Maybe the best bet would be a visit to the funeral home and ask them what the deal is.
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Old 10-24-2013, 07:01 PM
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That would be grave robbery and illegal. Doesnt matter if they didnt have permission to bury the person there.
Thank you Captain Obvious!
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Old 10-24-2013, 07:01 PM
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Originally Posted by hawk55732 View Post
That would be grave robbery and illegal. Doesnt matter if they didnt have permission to bury the person there.
If only it were that simple, though.


I've done some cemetery searches before (slave graves, etc.). In this state, when, say, a construction, mining, or road project needs to get underway and a neglected cemetery is in the project's path, a John Doe lawsuit is filed. In all seriousness, they are filed against the anonymous remains in the cemetery.

The cases I came across encountered no resistance and were settled in the plaintiff's favor. They were given the court's blessing to then relocate the graves under proper supervision.
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Old 10-24-2013, 07:02 PM
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Originally Posted by Romeo Bravo View Post
Thank you Captain Obvious!
And yet you suggested it. So what does that make you?
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Old 10-24-2013, 07:04 PM
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Quote:
Originally Posted by OLDWarrior64 View Post
Definitely a mystery and I'm sure it would be a subject of a discussion for a while. Maybe the best bet would be a visit to the funeral home and ask them what the deal is.

That will probably be their first course of action.

This happened just a few days ago and is still developing. I'll write more if I hear anything later.

I only posted about it because it was unusual and something different to discuss.
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Old 10-24-2013, 07:06 PM
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And yet you suggested it. So what does that make you?
Suggestion was JOKING!!!!!!! Carry on. Sorry for the interruption.
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Old 10-24-2013, 07:08 PM
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Find out the next of kin who paid for the funeral
Dig up body
On Halloween, place body upright, at front door of kin's house
Ring doorbell
Hilarity ensues
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Old 10-24-2013, 07:11 PM
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Quote:
Originally Posted by comdot View Post
Find out the next of kin who paid for the funeral
Dig up body
On Halloween, place body upright, at front door of kin's house
Ring doorbell
Hilarity ensues
But that would be grave robbery and illegal!!!!! HAHAHA!
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Old 10-24-2013, 07:12 PM
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CAll the police. That sounds like a body drop to me. If not do you have room for others? Just kidding on the last part.
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Old 10-24-2013, 07:30 PM
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The cemetary is on PRIVATE PROPERTY. Even if it is a distant relative, they would have to get permission from the current owner of the property to plant someone there.

I thought too these days that they don't really allow burials in plots on private land? Although, if everyone was out there, I guess it must be legal in your area obviously... or is it? And that is why the funeral director is not calling back ??? hmmm...

Please keep updating this thread - love interesting stuff like this..
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Old 10-24-2013, 07:34 PM
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I just googled - you can do it in Texas but there are rules as to how close you can "start" a private cemetary from centers of population.

The rules vary from region to region and state to state.

I would say that his biggest thing is trespassing and lack of permission to plant someone..
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Old 10-24-2013, 07:34 PM
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Same thing happened to my dad in the 70's. He had bought plots for all of us in the family.

One day he went out there and someone was buried in one of the plots.

They gave him new plots in a better location.

Mistakes happen, you just can't go around digging people up and move them around on a whim.
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Old 10-24-2013, 07:57 PM
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Quote:
Originally Posted by ManyFeathers View Post
...
Mistakes happen, you just can't go around digging people up and move them around on a whim.
If he could lie convincingly, "How was I supposed to know someone was buried there, it's my property and no one told me about it?"
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