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As An Adoptee, Can I Sue For The Rights To My Biological Mother’s Remains?

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Location: New Jersey

I was adopted at the age of 11. (Now 38)
I did get back in touch with my biological mother in my later teens and had a relationship with her until she passed away in 2007.

Within the last decade, I have also been in touch with my biological aunts and cousins. They had always claimed they didn’t know where she was buried. Digitized records finally caught up to that claim this year, and I found her grave through online records. Last month, I travelled to NJ to pay my respects to her, but I couldn’t find her. The marker that was referenced online displayed someone else’s name, and I found that strange.

After contacting the cemetery directly, it was confirmed that this is a family plot and that she was cremated and placed on top of the previous burials within, but there was never a plaque or inscription provided for her.

To me, she’s in an unmarked grave.

When I contacted my biological aunts about this, they basically said they don’t have the money to provide her with one. However, they also will not allow me to pay for one and they will not give up heir to the plot so that I can give her a respectful resting place.

I want to sue for rights to her remains. I don’t think I have any legal route to sue for heir right to the plot itself, and I don’t have an interest in that except for the purpose of providing my mother with the acknowledgment she deserves.

My aunts are suggesting I do not have a legal case because I was adopted.

Can anyone with a bit more insight tell me if I have any case worth pursuing or looking into here, or am I just completely out of luck and have to accept that she’ll never have a headstone of her own?

Any advice is appreciated!

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