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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 110366
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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I recently found out that a VERY distant cousin was buried

Customer Question

I recently found out that a VERY distant cousin was buried in my Ggrandfather's cemetery plot in NJ. According to the cemetery, she claimed she was a granddaughter and they didn't ask any further questions because she had the deed, which was left in the house where she grew up when my Ggrandfather's brother moved back to Ireland. My only remaining Aunt is the rightful descendant, and actually wrote a letter to the cemetery asking to be contacted if anyone tried to be buried there without her permission. This obviously did not happen.My question is twofold. Should the cemetery be held responsible, and how do we prevent the rest of this "cousins'" family from using the remaining spaces in the plot, since they still are holding on to the deed? Is there anyway to get the deed from this family?Thank you
Submitted: 5 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 5 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The only way to stop this, since she has the deed, is to file suit in court against the family and this cousin's estate as well. You would bear the burden of proving in the court that they have no legal rights to burial in the plot and to get a court to order who the lawful parties are with rights to that plot. Only a court can fix this now and in NJ you would need to obtain an estate law attorney to represent the aunt and lawful heirs to the plot.

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