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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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This may fall in the personal property area of the law, but

Customer Question

This may fall in the personal property area of the law, but I am not sure. Our son passed away on June 9 2014, and was laid to rest at St Simeon Cemetery in Aurora, CO. We were told that we could place items at the grave site. So we bought some artificial flowers and flower pots and decorated the site with flowers, night lights, a lighted angel and lighted cross. On Oct 13 2015 we went to the grave site only to find that the cemetery staff had removed these items, along with all the other items from all the grave sites and dumped them into a garbage bin. We were told that this was done in order to clean up the cemetery. There was no notice or fore warning that this was going to happen. We were told that we could retrieve the items and were shown a garbage bin that we had to dig through to find our flowers and other items. In the process of removing the items a number of them were broken and damaged. Do we have any recourse against the cemetery staff for such a disrespectful act, and destruction of private property.
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I am sorry for you loss. And I suggest that you will want to read the terms and conditions of the burial plot contract with your cemetery. Many times, there is a clause about their policy of when grave sites will be "cleaned up" so they can do mowing and other maintenance.

It is unfortunate that your belongings were moved and in the process damaged, but if you read the information, I am sure there is a provision about when the areas would be "cleaned up" or made tidy for the grounds crew.

If there is not anything in there, then I suggest you will want to begin a discussion with the manager/owner of the cemetery about your belongings and how to get them paid for since they were destroyed.

Expert:  Sam replied 1 year ago.

I suggest, the manager/owner is under no obligation to notify the owners of the plots about their maintenance schedule. But that it is generally something in the documents you have signed and been given

Expert:  Sam replied 1 year ago.

If you cannot get the manager/owner to cooperate with the payment for the damage to your belongings and there is no provision as to maintenance and care, etc. Then I suggest you can file a small claims lawsuit to recover the value of the damaged property.

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