Family Burial Plot On Previous Private Property Was Sold. What Are My Rights?

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We (husband and I) had given birth to our stillborn daughter in 2015. We had chosen her resting place to be on my family’s old apple orchard in a quiet little corner where the sunsets and sunrises are incredible. It is there that I had always dreamed to eventually go back to, to restore the old apple orchard. Our retirement plan.

Some pertinent info: In 2020, we had lost my great grandmother who had lived there for all of her adult life (~85 years) and everything she had was deeded over, just before her passing to my father and uncle; her closest living relatives. My uncle lived with her for the last couple years of her life and took care of the basic management of the farm while my father had moved a town over, but visited frequently (at least once a week). He helped out when he could.

It had been stated to me by my dad the eldest brother, on several occasions that we (my husband and I) would own the plat of land and surrounding area on which our daughter is buried but I never pushed the suggestion further to have the plat deeded over into our names. This land has been in my family since 1847 so I just assumed (silly me!) that we (my family) would forever be owners of the acreage that was the farm.

I had found out today that my uncle and my father sold the entire farm off three months ago. My uncle was ready to flush it as they were struggling with the tax bill and also wanted to move closer to his grand kids. I am trying to fill in the blanks of what actually transpired between uncle and dad but at a certain point, what’s done is done and that I need to focus on protecting what I can, surrounding my daughter.

I was given the seller’s agent info and I got a call back, late this afternoon. The realtor’s office had no idea that there was anyone buried on the property and I was told that nothing had come up on the title search, prior to closing. The realtor was going to call up the title company, first thing tomorrow morning, I guess to confirm that nothing came up on the property search? I am not entirely sure but I’m fully aware that he has already been paid in this sale and isn’t representing me in any way.

I have also reached out to the county’s auditor office and after explaining my situation, the clerk told me that she would need to bring in the county engineer to see if the parcel was ever registered as a family cemetery. I am hoping to get that call back tomorrow but by a quick search on the online docs, I am not seeing any deed restrictions or notes on any of the parcels in the area. Again, my fault for not pushing to have her resting place put in our name to protect her.

I do have the buyer’s agent contact info but at this point, I am worried that if I travel too far down researching myself that I will respond or communicate in a way that I could lose my girl. (I am for sure, not a professional! Just a mama bear, doing all that I can to protect my baby) Is now the time to tap in an attorney who specializes in real estate to have someone on my team to defend us?

Also, I feel that this needs to be said: I am no longer comfortable having her resting in a place where family is no longer present. While it is an absolute incredible place, I don’t feel like I could be truly at peace with the turmoil that has transpired from the sale of the property. I am fully prepared to have to exhume her and place her elsewhere.

TLDR: what rights do I have to be able to access my daughter who was buried on family land that has been sold? Is it time to lawyer up?