When a loved one is buried in the wrong grave, or your plot was sold twice

Florida law requires cemeteries to authorize, mark, and record every burial.

Call (305) 209-0384 Read the questions first ↓

Read the questions first

• Was it the cemetery's mistake or the funeral home's?
• The cemetery offered to move the remains. Should we agree?
• We never recorded our deed with the county. Does that hurt us?
• How long do I have?

What Florida law says

• Written authorization to bury. Failing to obtain written authorization from a legally authorized person before an interment or entombment is a ground for discipline (§ 497.152(8)(e), Fla. Stat.).
• Every burial marked. A licensed cemetery must place a tag or permanent identifying marker with the decedent's name and date of death on the outer burial container or cremation interment container, or inside the crypt or niche (§ 497.171(3)(b)).
• Every burial recorded. A cemetery company must keep a record of every burial showing the date, the name of the person buried, and the lot, plot, and space (§ 497.276(1)). This rule applies to all cemeteries in Florida, including those otherwise exempt (§ 497.260(2)).
• Identity from the funeral home. A licensed cemetery may rely entirely on the identity stated on the burial-transit permit or supplied by a licensed person who delivers the remains, and is not liable for differences between that identity and the actual identity (§ 497.171(3)(c)).
• A written contract. A licensee selling burial rights must give the buyer a written contract and, on request, a copy of its bylaws (§ 497.282(5), (6)).

What the law may provide

Florida lets any person bring a civil action against a person or company that violates Chapter 497, for actual damages, punitive damages as the common law allows, and other relief (§ 497.169(1)). A family may also have claims for breach of the burial-rights contract, negligence, or interference with a loved one's remains. Your family's emotional harm matters. The Florida Supreme Court is now considering when Florida law allows recovery for emotional harm without a physical injury, and we will explain how the law stands for your situation. If a family wins a civil case over a Chapter 497 violation by a licensed cemetery company, the court may order the cemetery company to pay the family's reasonable attorney's fees and costs (§ 497.169(2)). Fee rules can affect both sides in a lawsuit; we explain them before filing.

What to keep and request

• The deed, certificate of burial rights, or contract, and every receipt.
• Any map or letter showing the plot number.
• Dated photographs of the marker and nearby graves.
• The funeral home's paperwork for the burial.
• A written request for the interment records, the cemetery map, and the bylaws.

The deadline

Two years. Florida law gives a negligence claim two years (§ 95.11(5)(a)). Some claims may carry a longer period, but no family should bet on that. We treat two years from the day it happened as the deadline in every case, and you should too. If you only just found out, call anyway: when the clock started is a question we answer case by case.

What to do first

Do not agree to a quick move. Photograph what you see, gather your papers, and send the records request. See Cemetery negligence and What to do right now.

Questions families ask

Was it the cemetery's mistake or the funeral home's?

It can be either, or both. A cemetery may rely on the identity on the burial-transit permit or supplied by the funeral home, so a wrong-body burial may start with the delivery paperwork. A wrong-space burial usually starts with the cemetery's own records. The records show which.

The cemetery offered to move the remains. Should we agree?

Talk to a lawyer first. Moving remains is a disinterment, which requires written authorization from the legally authorized person or a court, and usually a licensed funeral director. See Unauthorized disinterment.

We never recorded our deed with the county. Does that hurt us?

Recording is optional in Florida, and the law says it does not create any priority of interest or ownership. Your contract and the cemetery's records are what we look at first.

How long do I have?

Two years from the day it happened is the deadline we use in every case. These problems are often found years later, so call the day you find out.

Talk to Dennis

When you are ready, call or send a WhatsApp message, in English or Spanish. The office answers 24 hours.

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