|Hello. I have a few questions as what Iam about to begin to do , I have no clue as where to start. This is very involved. I live in Arizona and my father (who died 9 weeks ago) was buried in Ohio. All of my family is buried in Illinois in a catholic cemetery. The women he was married to at the time of his death seems to have been married to my dad even though he was not divorced from his previous wife ( he was married 4 times). The thing i need to know is this, his mother and father are buried in Illinois along with my other relatives. I would like to find out how i go about relocating his body to Illinois and in the family gravesite there. What kind of Lawyer do i need, and I beleive I would have to prove that she was married to my father while he was already married, as i know she will have a fit over this. She had my father buried where all her family is buried. I want to have my fathers body relocated home What do i need to do to start this process? I know this is fresh and has only been 10 weeks, but I know my father would not have wanted to be buried there. He died of lung cancer. Any questions that you can anwer would be greatly appreciated.|
|Oh, Boy! First, you need to know that courts generally do not favor disinterments. I do not know how an Ohio court would view this situation, but some fundamental logic can be applied. You did not say where your father died. Ohio?
He's buried there and so Ohio will have jurisdiction. Any lawyer could probably handle this, but I would suggest a good probate lawyer since a major determination, initially, is whether you have standing to even get this done. Since your Dad and the woman to whom he was "married" were apparently holding themselves out to the world as married. A probate lawyer will have a better handle on answering some of the big first questions.
You may not like this suggestion, but could it be that your Dad would be okay with the burial in Ohio, but you're not? You know the circumstances and I certainly don't, but this whole thing could be messy, time consuming and very, very costly.
I would talk to a probate lawyer in Ohio, give him/her the facts and see what he/she suggests. The process of actually moving the body is not complex; the emotional turmoil could well be. How do other members of the family feel about this? Are you the only child? A court could well require permission and authorization of all children or the original spouse to accomplish this. Let me know if I can help further.
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