Ever hear of "cemetery law?"

When my Mother died (about 5 years ago) I had power of attorney and was the executor of her will. She owned 2 cemetery plots in a cemetery in Indiana. I was thinking I should try to sell them since they were not used.

Well, I called the cemetery and asked them about selling the plots, and they said that in order to sell them to anyone, all of my brothers and sisters would need to sign off on some form after a buyer was found. I told them that didn't sound right, that the executor should be able to do what they choose. That's why there is an executor, otherwise everybody would argue about every stupid detail they could find. (I've got 4 brothers and sisters that are spread all over the country and they could care less about these plots, except for one brother who always objects to everything). The cemetery person said no, that cemetery "Law" was different than normal property type stuff and that the permission of all heirs was needed in order to protect the cemetery from complaints by unhappy heirs. I think this is a scam so they can avoid having it sold; it's competition for them. Has anyone ever heard of anything like this? I think they want to make it as difficult as possible to sell the plots so that it's not worth the trouble?

I imagine it would depend on the conditions that the plots were originally sold under.

Do you have the original paperwork?

Inquire with the International Cemetery and Funeral Association, which should be able to put you in contact with an IN association or agency who could tell you how to proceed. I think the cemetery is trying to feed you a load of crock, because an executor's siblings have no legal interest in the plots.

This is not legal advice.

That's pretty much what you would run into in almost any real estate transaction in this situation. Most states, Texas for sure, have special laws for cemetary stuff, so the cemetary people might be shooting you straight.

Generally, any POA does not survive death of grantor.

If you have a probated will and it names you sole executor, you could probably legally close a sale in the name of the estate. Otherwise, your siblings would probably be co-owners and would have to participate in the sale or at least sign a "quitclaim" document relinquishing any ownership or claim to the property.

All state laws are different, but that's how it would be in Texas. An attorney specializing in real estate would be able to tell you in a 5 minute phone call and probably wouldn't charge you.

Remember, Inet advice, including mine, is worth what you pay for it.

sounds like some BS!

Tell him that if he won't let you sell them, you'll put him in one and sell the other. :devil:

I'm in New York, and there are special rules for cemetaries here.

I want to be buried with my parents, but may not be able too. My younger brother also would like to be buried there. My youngest brother is buried with our parents, and his widow now has complete control over the use of the remaining three plots. My parents bought the plots when my youngest brother died, not realizing that control would be lost, to his widow.

Also, the plots can not be sold. It's written right in the deed.

oldgrandpajack

Not to ask a pointed question, but are these plots in a fairly big dollar cemetery? If so, they may just be hoping that the deed will fall through the cracks and they can eventually sell them for big $$$.

My mom knows quite a bit about such things. I'll ask her in a little while. Of course, even if there is no such 'law', if the boss's boss's boss at the cemetery still won't play ball with you then you may need to get an attorney anyway.

Also grandpa, even when there is a reference to not being able to sell plots, they can often times be given away. May sound silly but you'd be surprised at how many times people would rather give something away rather than let an unwanted person they know, use it. I assure you that every year, there are probably hundreds, if not thousands, of plots given away by vengeful executors. Many attorneys will suggest naming the person intended to be buried in a particular plot and giving that person the right of first refusal just so the plot won't fall into the wrong hands.

Same thing with houses. Say a father has a child and wants for that child to eventually to have his home. But then the father gets remarried and leaves the house (among other things) to this new wife, thinking that once she dies, it will go to the child. WRONG! You leave the house to the child and put in a clause (the proper name of which escapes me at the moment) saying that the child cannot prevent the new wife from living in the house until the time of her death.

cratz2 said:

Not to ask a pointed question, but are these plots in a fairly big dollar cemetery? If so, they may just be hoping that the deed will fall through the cracks and they can eventually sell them for big $$$.

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It's Calumet Park Cemetery in Merrillville, a pretty nice place:
http://www.calumetparkcemetery.com/

There are two adjacent plots currently going for $750 each if bought from the cemetery. These were bought many years ago and are in a prime location no longer available. I'd take half price.