Father's Remains Moved Without Consent

[SeekingAdvice33]

What is the name of your state (only U.S. law)? Florida

Hi I am seeking advice regarding my father's remains along with his headstone being moved and damaged without the consent of my mother or myself.This was done so as result of him being buried in the wrong plot but keep in mind he was laid to rest October 5, 1989. Is this type of action illegal? This has caused great mental distress for me & my mother. Any legal advice would be appreciated to point me in the right direction.Thank you.

 

[quincy]

What is the name of your state (only U.S. law)? Florida

Hi I am seeking advice regarding my father's remains along with his headstone being moved and damaged without the consent of my mother or myself.This was done so as result of him being buried in the wrong plot but keep in mind he was laid to rest October 5, 1989. Is this type of action illegal? This has caused great mental distress for me & my mother. Any legal advice would be appreciated to point me in the right direction.Thank you.

Based on what you have written here, it sounds as if the cemetery violated the law by damaging the headstone and by moving your father's remains without consent.

You can file complaints, with both the police and with the Division of Funeral, Cemetery & Consumer Services.

Here is a link to Florida's Division of Funeral, Cemetery & Consumer Services with information on the laws and on filing complaints: http://www.myfloridacfo.com/funeralcemetery/fc_consumerfaq.htm

 

[ecmst12]

When did this happen?

Also, this most definitely has nothing to do with medical malpractice.

 

[quincy]

... this most definitely has nothing to do with medical malpractice.

That is probably a fair assumption.

 

[SeekingAdvice33]

When did this happen?

Also, this most definitely has nothing to do with medical malpractice.

Please excuse me if I have posted this in the incorrect forum... I have been unable to get an answer to my questions regarding the incident elsewhere & came across this. I couldn't tell you to be exact, no more than a few weeks. I just found it appalling that they would be able to do something like this & it has really turned my mom down the rd for the worst if you will.

 

[quincy]

Please excuse me if I have posted this in the incorrect forum... I have been unable to get an answer to my questions regarding the incident elsewhere & came across this. I couldn't tell you to be exact, no more than a few weeks. I just found it appalling that they would be able to do something like this & it has really turned my mom down the rd for the worst if you will.

Read through the link I provided. It provides you with all of the information you need to proceed against the cemetery, should you decide to take any action, and it provides you with additional resources.

I am surprised, however, that it took this long for the cemetery to realize the error and especially surprised that the cemetery tried to remedy the error in the manner they did.

I am sure this has been traumatic for both you and your mom. Good luck.

 

[ecmst12]

My suggestion would be to first review your contract (or your mom's contract) with the cemetary. I think you won't have much trouble getting the headstone repaired or replaced, but I wouldn't even mention emotional distress; you won't like the response.

 

[SeekingAdvice33]

Read through the link I provided. It provides you with all of the information you need to proceed against the cemetery, should you decide to take any action, and it provides you with additional resources.

I am surprised, however, that it took this long for the cemetery to realize the error and especially surprised that the cemetery tried to remedy the error in the manner they did.

I am sure this has been traumatic for both you and your mom. Good luck.

Exactly my point, & thank you for you advice.

 

[SeekingAdvice33]

My suggestion would be to first review your contract (or your mom's contract) with the cemetary. I think you won't have much trouble getting the headstone repaired or replaced, but I wouldn't even mention emotional distress; you won't like the response.

Well considering his headstone was a custom engraved mural of the Rocky Mountains & wildlife I beg to differ. In addition, that's exactly what I plan on doing is filing a lawsuit for the moving of his remains without consent & the end result of emotional distress my mom has undergone.

 

[justalayman]

I am surprised, however, that it took this long for the cemetery to realize the error and especially surprised that the cemetery tried to remedy the error in the manner they did.

maybe the person that is supposed to be in that plot didn't need it until a few weeks ago.

 

[Proserpina]

maybe the person that is supposed to be in that plot didn't need it until a few weeks ago.

That was my first thought.

They may have not had much choice other than to fix things quickly.

 

[SeekingAdvice33]

That was my first thought.

They may have not had much choice other than to fix things quickly.

That's still no excuse for such an event to take place. It's pretty clear that a grave site can't be relocated w/out consent from next of kin regardless of a timeframe they need to meet.

 

[quincy]

That was my first thought.

They may have not had much choice other than to fix things quickly.

True. But by moving the body and headstone without the family's consent, they (potentially) committed a third degree felony.

While someone can sue for emotional distress, these claims are extremely difficult to pursue with success in Florida. I do not see one being successful based on the facts as presented here, but suing over damage to the headstone seems reasonable if the cemetery does not offer to pay for a replacement first (which I imagine they will).

Filing complaints seems reasonable, too.

 

[Proserpina]

That's still no excuse for such an event to take place. It's pretty clear that a grave site can't be relocated w/out consent from next of kin regardless of a timeframe they need to meet.

I don't believe I said anything to the contrary.

 

[ecmst12]

Is it possible that the contract with the cemetary allows them to do this?