To Disinter or Not to Disinter?

A family member’s death is already emotionally tolling, which is only exacerbated when you do not know where your loved one is actually buried.  In 2008, Carolyn Jones’ mother was allegedly buried in a cemetery in Baton Rouge, Louisiana.  Because of weather, the burial was delayed.  The burial was further complicated when the original spot for burial was unavailable.  In spite of all of this, for five years, Ms. Jones visited a piece of cemetery property where her mother’s headstone was located.  However, on a family member’s recent trip to the cemetery, the family member discovered that the marker was moved to a different location in the cemetery.  Thus, Ms. Jones requested that the cemetery exhume the casket to determine whether the marker on the grave was accurately placed.

Under Louisiana law, remains from a cemetery space may be removed when there is written consent by one of the following persons: (1) the surviving spouse; (2) the surviving adult children; (3) the surviving parents; or (4) the surviving adult siblings.  Here, Ms. Jones is a surviving adult child, so she is lawfully able to provide written consent. 

Additionally, a cemetery authority can correct any error that occurs "in or in connection with the operation of the cemetery."  Specifically, the cemetery authority can correct an error, "including without limitation those involving or in connection with the making of an interment, disinterment or removal, or the description, transfer, granting the right of use or conveyance of a cemetery space."  A cemetery authority is “any person, firm, corporation, limited liability company, trustee, partnership, association or municipality owning, operating, controlling or managing a cemetery or holding lands within this state for interment purposes."   Thus, here, the cemetery is lawfully able to correct its mistake if the marker was inaccurately placed. 

Brittany Colton