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Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27011
Experience:  More than 20 years of experience practicing law.
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In Indiana what reasons do you have to have a person's

Customer Question

In Indiana what reasons do you have to have a person's remains dug up and removed from a grave.
Submitted: 2 years ago.
Category: Legal
Expert:  Sam replied 2 years ago.


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

I suggest that she will need to get the permission from the District Attorney in the county before any grave site can be disturbed. To do that she needs to show that there is evidence on the body that indicates a crime, or that the person buried there is in the wrong plot.

It is an involved process. I suggest that if there is no record of the cremated remains being there, she would be able to say that someone has already disturbed the grave, a crime has been committed in that regard, and the District Attorney could allow it.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

Customer: replied 2 years ago.
If there is no evidence that they buried the son, the cemetery has no record and the funeral home has no record then there is no proof that it happened other than one person's word.
Customer: replied 2 years ago.
I just want to know can she have my sister dug up and removed because she feels betrayed that my sister's kids may have done this. If there is no real proof that it happened then can she and the cemetery dig her up to find out if they buried two urn's instead on one?
Expert:  Sam replied 2 years ago.


No. That would not be a sufficient enough reason to have your sister's remains transferred. I suggest, she can file a police report that someone has tampered with the grave site and also buried a cremated remains there. Because that is a crime, the police can conduct and investigation and if they find probable cause can petition to have the grave opened to see if there are remains other than your sisters.

I suggest that no one needs to discuss anything with the police however. No one needs to participate in any questioning in this regard by the police or anyone else