• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can you sue over the burial of your parent?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cece51

Junior Member
What is the name of your state (only U.S. law)? Missouri

My mother in law died Friday evening after a long battle with breast cancer. She was very ill from March until her passing. She has two children my husband (Jack) and his sister (Jill). Jill hasn't been inside her mother's home since 2002. During the illness we called and darn near begged Jill to come and see her mother. The main issue is over preaching. My mother in law received her ministry in 1998 and Jill was very upset. Jill feels that as a women she has no place in the pulpit and unless her mother stopped preaching she would not see her. Jill would often call her an embarrassment. Jill's husband is a pastor at another church and refuses her to interact with any family who supports mom.

When my mother in law passed Jill finally came in the hospital. When we were in the room the first thing Jill said was the services will be at my church. My husband said no mom has her own church. Jill said she would no step foot in that church and left. We had a meeting with the funeral home the following evening and Jill came. My husband was trying to make arrangements and Jill said she would not approve anything unless everything is completed by her church. Once again my husband explained that mother was a pastor at her church for over 10 years why would we not have the service there. She got upset and left. Now we get a call saying if we have any arrangements without her approval she will sue us.

I understand people can sue for anything, but are we breaking a law by burying my husband's mother. Can my husband be sued over having a service and burial for his mother? We are not asking Jill for a penny to cover costs. My husband is afraid that if he has the service and burial she can take legal action against him. Please help thank you.
 


BOR

Senior Member
I understand people can sue for anything, but are we breaking a law by burying my husband's mother. Can my husband be sued over having a service and burial for his mother? We are not asking Jill for a penny to cover costs. My husband is afraid that if he has the service and burial she can take legal action against him. Please help thank you.
I am not a lawyer, but it seems to me the suit would be worthless.

Not setting foot in her house for 8 years seems to indicate a waiver of all burial associated rights, etc.

She died without a will I presume?
 

cece51

Junior Member
She had no will. My husband just wants to bury his mother and due the right thing. His mother purchased her own burial plot and marker. We didn't know this until yesterday. We found the documents in her home.

If Jill doesn't want to be apart of the arrangements, fine. However my husband doesn't want to break any laws.
 

BOR

Senior Member
To be absolutely sure, an attoreny would need to be consulted, but that would delay the proper burial.

I seriously doubt she can sue under any Tort. As I said, if she had no interest in PRE planning, she basically waives all rights POST death, IMO.
 

cyjeff

Senior Member
Here is an idea...

Why not have a memorial service in BOTH churches?

Anyone that wishes can go to both.

Jill doesn't have a case... she cannot demand that you move a memorial service though she can certainly conduct one of her own.

I don't think any judge would require a memorial service moved away from the church where the minister preached because a family member didn't like the fact he/she preached there. Just don't see it happening.
 

BOR

Senior Member
I was basing my answer on the actual burial per se, but the reasoning still stands, a waiver of any burial rights, that includes a Memorial service also.
 

swrdmbo

Member
I think if she sues she is an idiot. I cannot imagine any judge or court agreeing that a pastor should NOT have services at the church where she was a Pastor for 10 years. This woman sounds like she is bending to her husband's will ( some man of God..."forbidding" her to see her Mother or anyone that approves of her Mother's vocation? How pompous!
The burial and stone are a given since Mom already bought it.Tell her to have her own Memorial service at their church but that YOU and your Husband will be having your Mother-in-law's service at her church.
I think she is crazy if she decides to sue you, and I cannot see how she would win.
As they say...going to church no more makes you a Christian than standing in your garage makes you an automobile. Uhg!
Best of luck to you and my sincerest condolences.
 

Betty

Senior Member
I agree in that I don't see how Jill could win a lawsuit.

However, she can go ahead & have a service in her church also if she
wants to.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top