Bronx & Westchester Disinterment Attorney
People wish to transfer human remains from one cemetery to another, or to a different spot in the same cemetery, for many reasons. Most of the time, a family wishes to pursue a disinterment because they are moving and they do not want to leave their loved one behind. Sometimes, family members purchase lots in other cemeteries, and they want the entire family to be together. In other instances, the final resting place was chosen in a rush, usually after a death that was sudden and unexpected.
Seeking a disinterment is an emotional process, but it is also a legal one. Our Bronx & Westchester disinterment attorney can guide families through the process and provide the necessary legal advice.
Obtaining Consent for a Disinterment
Under New York law, human remains can be removed from one grave to another in the same cemetery if the owner of the plot consents to it. The surviving spouse, children, and parents of the deceased must also consent to the disinterment. Consent from the cemetery corporation must also be obtained by the person seeking the disinterment. If any of these parties refuse to consent to the disinterment, the party who wishes to transfer the remains can take the matter to court. There, a judge will determine whether to allow the disinterment to take place.
When human remains are moved from one cemetery to another, the above parties still must consent to the disinterment. The only difference is that a licensed funeral director must oversee the process.
What to Include in Request for Disinterment
When requesting a disinterment, it is important to include the following information:
- A detailed statement outlining the reasons for the disinterment request
- Notarized statements from all required surviving immediate family members of the deceased confirming that they have provided their consent for the disinterment to take place
- A notarized statement from the party asking for the disinterment confirming that the notarized statements from surviving family members comprise all living immediate kin of the deceased
Attendance at Disinterment
Family members of the deceased often want to attend the disinterment, but this is usually discouraged. Disinterments are very emotional and traumatic experiences for loved ones of the deceased. Sometimes, family members want to attend because they want to witness it for themselves. To obtain confirmation without experiencing any additional trauma, it is usually recommended that a funeral director or clergy person is sent to the disinterment on behalf of the family.
Our Attorney Can Help with Your Disinterment
If you need to pursue a disinterment to move a loved one, our Bronx & Westchester disinterment attorney can at Cavallo & Cavallo can help you through the process. Whether you simply need help preparing your request, or another person is challenging the disinterment, our seasoned attorneys can assist with disinterment litigation and ensure the removal and new burial takes place in a respectful manner. Call us now at 718-822-2203 or reach out to us online to schedule a consultation and to learn more about your legal options.