What rights does a son have to his mothers grave?

Answer 1

Your mother probably had her funeral arrangements made out and put in her Will. Any family member can go up and visit their loved one's grave and no one can stop them from doing so. Also, when you decide to make a Will you can request being buried with your mother. In Canada it is allowed three times every ten years. If you feel a crime has been committed and you want your mother's coffin exhumed then it has to be done by a court of law.

Added: If you are referring to what 'property' rights you have in a burial plot - unless it is situated on your private property, it is most likely located in a cemetery and may have been paid for in advance. If such is the case, it is considered to be a piece of property which is subject to being disposed of in the deceased's will and it can be inherited.

A bit more:

In the US, most cemeteries are open to the general public. So if you are referring to the visitation of your mother's grave, you have a right to do so. But if her grave is on private property, you will need permission from the owner of the property to visit her grave. I will add though, it is no longer common to have have private family burial plots on private land, as it was until around the mid twentieth century. In order to do so, you have to have special permission to legally have that small piece of land declared a cemetery, even if it's just for one grave. And there are specific codes you have to follow, such as putting some type of Fencing around it, a headstone or grave marker, etc.

Answer

You haven't provided any detail as to the reason for your query so the following is general information regarding legal rights to burial plots.

Generally, the purchaser of a burial plot obtains limited property rights, i.e., the exclusive right of burial, subject to the rules and restrictions in the contract of sale and subject to state laws regarding burials. When a purchaser dies intestate the rights to the plot pass to the heirs as intestate personal property. A burial plot could also be specifically mentioned in a will. The spouse of an original purchaser has the right to be interred in that plot. Heirs will need to provide proof of inheritance to the owners of the cemetery if they wish to exercise their rights under the contract. Therefore, copies of probate decrees should be filed with the cemetery office.

You should visit the main office at the cemetery to determine what rights you may have pursuant to the original contract and any special instructions that were executed by your mother or the original purchaser of the plot. The office will also be able to inform you of state laws regarding burials.