## Facts

- Lorraine Chitwood Nolen and Dillard Lawson Nolen married in 1955, had one child (Sandra Nolen Grisso), and divorced in 1993.
- After the divorce, Dillard and Lorraine intermittently cohabited until Lorraine’s death on August 4, 1999.
- Lorraine died intestate and left no written instructions or designation controlling disposition of her remains.
- As Lorraine’s next of kin and sole heir, Grisso arranged Lorraine’s burial at Sandy Ridge Baptist Church in Franklin County, Virginia.
- Dillard petitioned the Circuit Court of Franklin County to disinter Lorraine’s body and rebury it at Franklin Memorial Park, alleging Lorraine consistently expressed a desire to be buried there.
- Dillard asserted he had purchased two adjoining burial plots and a headstone engraved with both names, and had obtained a pre-paid funeral services contract for Lorraine before the divorce.

## Issues

1. Whether a decedent’s former spouse, divorced at the time of death and lacking written designation from the decedent, has standing to petition for disinterment and reburial based on asserted oral wishes and post-divorce cohabitation.

## Decision

- The Supreme Court of Virginia reversed the circuit court’s ruling that Dillard had standing.
- The Court held Dillard, as a former spouse, lacked standing to seek disinterment and reburial.
- The Court entered final judgment for Grisso.

## Legal Principles

- Standing to control or litigate disposition of a decedent’s remains is governed by the statutory priority scheme in Virginia Code § 54.1-2825.
- A former spouse is not included in the statutory order of persons authorized to control disposition of remains absent a written designation by the decedent.
- Post-divorce cohabitation does not confer spousal status in Virginia and cannot supply standing to override the statutory scheme.
- Equity cannot be used to bypass statutory requirements for authorization or priority concerning disposition of remains.

## Conclusion

Because the decedent left no written designation and the statutory hierarchy did not authorize a former spouse to control disposition, the former husband had no standing to seek disinterment and reburial, and the daughter’s authority as next of kin controlled.


Grisso v. Nolen, 262 Va. 688, 554 S.E.2d 91 (Va. 2001)