Abstract
Cemetery claims and issues are rarely reported, publicized, or submitted to legal process in the courts. Problems arising from the death or burial of a loved one evoke deep feelings of empathy and sympathy from the general public. Grave plot ownership disputes arise more commonly in situations related to divorcing couples or siblings following the death of a parent. Claims are made for other reasons as well, including fraud resulting in financial gain from reselling the grave plots. However, due to the rarity of legal claims raised in this area, the nuances of the laws specific to cemeteries and burials are generally unfamiliar to most legal practitioners, including those representing the cemetery authorities themselves. This note begins with a background section establishing the growth and popularity of the genealogy industry thus demonstrating the reasonable likelihood of increased future claims. Following the genealogy section, the underlying foundation of common law that directs essential rights related to (1) the final disposition and burial of a deceased person, and (2) rights related to the burial place is explained. The note then examines the statutory schemes implemented by Utah and Illinois and municipalities therein before ultimately analyzing the effectiveness of such laws and proposing alternative approaches.
Recommended Citation
Anne K. Hansen,
Who is in My Grave? A Comparison of State and Local Laws in Illinois and Utah that Guide Resolution of Grave Plot Ownership Claims,
45
S. Ill. U. L.J.
139
(2020).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol45/iss1/6