A recent decision by the Wisconsin Court of Appeals addresses a family dispute over whether a widow may move her late husband’s remains to another cemetery, raising questions about statutory procedures for disinterment in the state. The ruling matters to families navigating burial rights and to county officials responsible for issuing permits.
The appeal was filed by Judy Sebastian against Katina Papanastasiou, Margaret Zinovis, Victoria Marakis, and Georgia Porforis—her late husband Nick Kokalis’s sisters—in Milwaukee County Circuit Court under case number 2023CV8619. The order was issued on March 18, 2026.
According to the court documents, Nick Kokalis married Judy Sebastian in September 1966 before deploying with the United States Army to Vietnam. He was killed in action in October 1967. Judy arranged for Nick’s military funeral and burial at Pinelawn Memorial Park in Milwaukee. After remarrying Don Sebastian in 1970, Judy later sought to move Nick’s remains to LaBelle Cemetery in Oconomowoc near plots reserved for herself and Don.
In September 2023, Judy communicated her intentions to Nick’s sisters and other family members. The sisters objected and notified both cemeteries involved. Despite their objections, the Milwaukee County Medical Examiner issued a disinterment permit on October 16, 2023. Pinelawn Memorial Park indicated it would abide by any court order regarding the matter.
On November 13, 2023, Nick’s sisters filed a complaint seeking judicial intervention under Wisconsin Statute § 806.04 to prohibit Judy from disinterring Nick’s remains and requested both temporary and permanent injunctions against any such action. They argued that moving Nick would violate their rights as siblings. In response, Judy filed a counterclaim seeking declaratory judgment affirming her right to apply for and use the permit.
Both parties moved for summary judgment. The circuit court found that Judy’s application for a disinterment permit was incomplete because it lacked a signature from an authorized representative of Pinelawn Memorial Park—the cemetery authority required by law under Wisconsin Statute § 69.18(4). Instead, only the funeral director had signed the form. As stated in the opinion: “Her application form had the funeral director’s signature; however, the cemetery authority over Pinelawn did not sign.”
The appeals court affirmed this interpretation after reviewing related statutes and prior case law: “We conclude that when a person seeks to disinter a grave within a cemetery, ‘the person in charge of disinterment’… is the cemetery authority over that grave.” The court noted that statutory amendments now require approval from cemetery authorities rather than just funeral directors.
However, while upholding denial of summary judgment for Judy due to an invalid permit application, the appeals panel found error in permanently enjoining her from ever applying again: “We conclude that when there is a controversy over a disinterment permit… the circuit court is constrained by the statutory framework.” Since Judy held higher priority as spouse under state law compared to siblings—and no evidence showed contrary wishes from Nick—the statute did not support barring her future applications outright.
The opinion further clarified: “Nothing in the statute itself bars Judy from starting over with a new application for a permit.” It also suggested county medical examiners review their forms to ensure compliance with legal requirements: “We urge the Milwaukee County Medical Examiner to review the forms offered to the public and ensure compliance with statutory requirements.”
In conclusion, while affirming part of the lower court order denying immediate relief to Judy Sebastian due to procedural defects with her original application, the appellate judges reversed imposition of a permanent injunction against future attempts. The case has been remanded with instructions to dismiss further action unless proper procedures are followed.
The attorneys’ names were not specified in this decision notice; Judge William Sosnay presided at circuit level. The appellate panel included Chief Judge White, Presiding Judge Colon, and Judge Geenen under Appeal No. 2024AP1966.
Source: 2024AP1966_Papanastasiou_v_Sebastian_Opinion_Wisconsin_Court_of_Appeals.pdf
