Legal Question in Wills and Trusts in Michigan

disinterment

My son passed away in Jan, 2003. He is buried in Michigan. My ex-daughter-in-law managed to become the executor of his estate as there is two small children. Actually it should have been me, as they were divorced. Unfortunately, he died without a will. Now she wants to have him removed from his grave site and be interred in a mausoleum. I and his other siblings are against that idea. Can she still do that, or what steps would I have to do, to prevent this. Should I send her and the cemetary a notorized letter stating that fact. Thank you for your help. J. Quinn


Asked on 11/10/04, 1:38 am

1 Answer from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: disinterment

I believe that she does not have standing to have him exhumed. She is no longer kin as she is divorced from him. I do not believe that her status as the current or former executor (personal represenative) gives her authority. You should put the cemetary on notice of your objections and indicate that you will take legal action against all parties involved if he is exhumed. For more info, please contact my office at (248)851-3171.

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Answered on 11/11/04, 9:55 am


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