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My mausoleum space is occupied by someone else.

Discussion in 'Accidents, Injuries, Negligence' started by zafferhead, Nov 12, 2005.

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  1. zafferhead

    zafferhead Law Topic Starter New Member

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    I went to visit my deceased parents mausoleum site a few weeks ago. My wife (living) and I own two spaces adjacent to my parents. I purchased all four of these sites in 1998. To my amazement... there is now a dead woman's body in my wife's space. I contacted the cemetary owners. Within 1/2 hour they located documentation that my wife's space was purchaced by another woman in 1972.

    The cemetary owners have offered the following option: Move my parents bodies to another mausoleum and include another two sites for my wife and myself.

    My first choice is for this situation to have never happened. But since it has happened, I would think that my wife and I should receive some finacial compensation for emotional distress (and there is plenty of it).

    This story goes much deeper as far as emotional distress is concerned. I am leaving that portion of my story out of this text in the interest of brevity.

    I would be interested in knowing about any case law that would give me a gauge on the amount of financial compensation I should ask for. Getting addional free spaces at the new mausoleum is a possibility I might consider.

    I can be contacted at [email protected].

    Thank you.
     
  2. ibis

    ibis New Member

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    Err,

    You paid for the all 4 spots in 1998. Since your parents were interred they put ANOTHER body in there. No one noticed a problem. Sheesh.

    1. They never should have sold you the mausoleum space if one if the four you puchased was already occupied (so to speak). Do you think it was an honest mistake on their part? Or were they commiting fraud?

    2. Someone should have noticed a problem when the interred this other woman. They should have notifed both you and the other woman's family immediately. How did they miss the screw up when this other woman arrived? Were they hoping you wouldn't notice?

    I'm guessing that since they are offering to make good and move all 4 of your spaces to a new mausoleum that this was just a series of stupid clerical errors. If you have any doubts contact your states attorney general's office and see if there have been similar complaints. The better business bureau mght also have information.

    Ibis
     
  3. ibis

    ibis New Member

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    Did you sign a deed for the spaces? Does it cover anything remotely like this situation?

    I also think whether it was an honest mistake or fraud on their part would have a significant impact on any civil case you pursue. I
     
  4. zafferhead

    zafferhead Law Topic Starter New Member

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    furthermore

    I purchased the 4 spaces in 1998 (the year my father died). My father picked the location and spaces. My mother died in March of this year. The strange woman was interred approx two months ago. I'm sure it was a clerical error. That doesn't change the fact that I will have to endure the stress of watching my parents caskets being moved to a place that is not of their choosing.

    This is clearly the fault of the cemetery company. I expect some compensation from them.

    p.s. Deeds are not issued for mausoleum spaces. All I have is a contract/receipt.
     

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