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Funerals/Occupied Funeral plot sale


My mother married an ex military man that had purchased a plot for himself. My mother died and he chose to bury her on that site with the intention to stack his coffin above hers. When her husband died, years later, he was buried in a veterans cemetery alongside of other veterans. His estate went to one of his daughters. We currently do not speak because of things she was doing when my mother died. I have been receiving texts from her asking if we, the wife's family, want to buy the plot. We have been ignoring her texts because we do not want to even speak to her. She sent a text to the family and stated that since she did not get a response she is going to sell the plot. My question is:  does she have the right to sell the plot her father buried his wife, her stepmother, my mother in. We ignored her and felt she doesn't have the right and this is probably a ploy to get money. What are your thoughts and would a repudable cemetery allow the exhumation of the buried wife in order to allow the stepdaughter to resale the plot? This is in nueces county Texas.

I feel certain you are right about the money-grubbing. No, she has NO right to the plot. Even if she got her father's estate, I feel certain it didn't mention the cemetery plot as it was already used.

Disinterment can happen only with the permission of the lot-owner (your step-father who is now dead), the permission of the cemetery, and the person with the right to control disposition (which would again be your step-father as spouse). A county court order would be needed otherwise.

Contact the cemetery and let them know the mischief this woman is pulling. I'm betting they'll back you up completely. Let me know what happens --


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Lisa Carlson


Funeral Law. Having written a 512-page book on funeral law for consumers with state-by-state information, I am very conversant with consumer rights in this regard: What are the laws on disposition of cremated remains? Is embalming required? Do I have to use a funeral home? Can I have a home wake? Is it a state law to buy a vault? I prepaid for a funeral but changed my mind. They won`t give me all my money back. What can I do? . . . If you have an immediate need for information because a death has just occurred or is about to occur, you may call me at 802-482-6021.


I have monitored the funeral industry on behalf of consumers for over 20 years. I have been a guest speaker to funeral trade organizations, consumer workshops, and social service professionals. I am regularly consulted by lawyers and legislators as well as journalists.

Funeral Ethics Organization ( Funeral Consumers Alliance (

Caring for Your Own Dead (1987) Caring for the Dead: Your Final Act of Love (1998) I Died Laughing: Funeral Education with a Light Touch (2001) Final Rights: Reclaiming the American Way of Death (2011) with co-author Joshua Slocum

Masters degree in Administration and Special Education

Past/Present Clients
Available as an expert witness for funeral-related court cases.

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