QUESTION
Can Vine St. Hill Cemetery legally move headstones?
Asked on May 13th, 2013 on Criminal Law - New York
More details to this question:
Mother has been buried there since 1988 and I have noticed headstones reordered/relocated a number of occasions, including my mother, now I can't tell where my mother is buried, is this legal?
10 ANSWERS
Michael J. Breczinski
Probably not. It may violate State rules. Check with the State over this.
Answered on May 16th, 2013 at 8:03 AM
James Eugene Hasser
If the cemetery has lost your mother, they have a problem. You need to find out. Good luck.
Answered on May 15th, 2013 at 5:55 AM
Ronald A. Steinberg
I would check with the department that licenses/certifies/approves cemeteries. If they move headstones, what happens to the body in the ground? There may be some interesting issues here.
Answered on May 15th, 2013 at 5:27 AM
Civil Litigation Attorney serving Van Nuys, CA
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Law Offices of Alexander Edward Gilburg
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It is not legal for a cemetery to move the headstones unless they have a contractual provision allowing them to do so in certain particular circumstances.
Answered on May 15th, 2013 at 2:01 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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I don't have time to research the matter but cemeteries are usually very careful about such things. You need to find out who owns the cemetery. City, county, church, [private co? and verse your concerns the the head of the ownership group. Can you prove what you say or are you just talking?
Answered on May 13th, 2013 at 2:40 PM
Thomas Edward Gates
Not likely, since one buys a specific plot, not a random one.
Answered on May 13th, 2013 at 2:40 PM
It appears this cemetery is in Ohio. I'm not licensed in Ohio and I'd suggest you find a lawyer in the local community who understands the law in Ohio.
Answered on May 13th, 2013 at 2:40 PM
Workers Compensation Attorney serving Torrance, CA
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Law Office of William S. Lindheim
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You will have to look at the contract between the cemetery and the person who signed it.
Answered on May 13th, 2013 at 2:39 PM
Criminal Law Attorney serving Oakland, CA
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Law Office of Jared C. Winter
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Not sure why this question is in the criminal defense category. This is an unusual issue and I don't know the answer. You should contact some local attorneys for a consultation.
Answered on May 13th, 2013 at 2:39 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Typically, a burial plot is purchased and so becomes the "property" of the estate. Headstones are purchased as well, so if a cemetary moves one, it is movig someone else's property. On the other hand, a cemetary does have to keep up maintenance, so they probably have contractual clauses allowing them to do so. Whether that includes actually moving headstones is another question, and it seems odd that they would do that, since the purpose of the headstone is to mark the grave of the person interred in that spot. I should hope management has kept track so they can advise you as to the correct location. They should be able to provide you with a map. Talk to them and if you are not satisfied, find out what agency regulates cemetaries in your state.
Answered on May 13th, 2013 at 2:39 PM