Skip to main content

What kind of atty is needed here. Son died. ex-husband holding ex-wife's son's body in hostage for 25 yrs. Bitter she divorced.

Alton, IL |

Thd x-wife had been previously married and had one son when remarried. The son died, leaving his life ins. to ex-husband because of guilt. Wife and husband were divorced at the time of the boys death. X-hus. told x-wife he would take care of paying for grave site using son's life insurance BUT he put the grave site into his own name. The son was NOT his son. Now, because wife divorced him he won't turn over ownership of the grave site and has held it hostage for over 25 years. What kind of lawsuit can be filed, can it be a case for punitive, etc. damages and what kind of atty. would you look for. X is in nursing home and remarried. X-wife afraid if he dies the grave will be owned by new wife.

OK, I'll try to reword this to make it easier understood. This is NOT a probate question. This is NOT an insurance claim question. It IS a question that concerns a mother trying to get ownership of her son's grave from an ex husband. The mother had been married and had one son as a result of that marriage. She divorced that FIRST husband. Then, she remarried. This is a SECOND husband. The mothers son came to this area (he had been living in a different town) and got a job. The job was closer to the second husbands home so the son moved in with the second husband temporarily.

+ Read More

Attorney answers 5


Start with talking to a Probate Attorney first. Contact your county bar for an affordable referral.


This question does not involve divorce law. Before you try to contact any type of attorney, ask yourself what evidence you have that might justify your belief that you have a good cause of action.



Sorry, but I don't think you understood the question at all.


That is a confusing question but it sounds like, since 25 years have gone by, that there is likely no legal action available.

It doesn't sound like there is a lot of money available so if mom wishes to be buried next to son then she should talk to X and work it out. It may be possible to bury mom in same grave as son if that is her wish.

Good Luck!

Legal Disclaimer: Paul A. Smolinski is licensed to practice law in the State of Illinois only, and as such, his answers to AVVO inquiries are based on his understanding of Illinois law only. His answers are for general information about perceived legal issues within this question only and no response to any posted inquiry should be deemed to extend any right of confidentiality between you and Mr. Smolinski, to constitute legal advice, or create an attorney/client or other contractual relationship. An attorney/client relationship is formed only by specific agreement including an evaluation of the specific legal problem and review of all the facts and documents at issue. We try to insure the accuracy of this information, but we cannot guarantee its accuracy. The reader should never assume that this information applies to his or her specific situation or constitutes legal advice. Therefore, please consult competent counsel that practices in the subject area in your jurisdiction and who is familiar with your specific facts and all of the circumstances.


This sounds like a mess to sort out and the amount of time that has passed may prove to be an obstacle. While I do not know, I wonder if the mother would have all the say regarding the son's burial location. It may be more certain and less costly to inquire into and consider the purchase of burial plots and arrange for the son's remains to be moved.

The scope of this space does not afford an opportunity to adequately advise you. The response provided is intended to be informative, but not final. You are advised to arrange a consultation at which all facts and documents can be explored and terms for representation agreed. An attorney-client relationship must be formally established.



While that sounds like a great option it isn't possible since the x husband owns the grave site so the birth moher can't touch her own son's grave. She wants this grave in her name, not that of her x husband. The x husband did this strictly for spite to get even for my divorcing him - but this is the kind of person he is, one of the reasons for the divorce.


Whenever anyone has a delayed or a denied life insurance claim, they should retain a life insurance attorney by googling "life insurance attorney" here, I did it for you...

John Lassen 1-877-252-4630

Wills and estates topics

Recommended articles about Wills and estates

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer