Who owns cemetery plots

If a man and wife die, and they are buried in two of the graves in a four-grave cemetery plot, which of the many other heirs will get to use the empty graves, assuming there is no mention of the plots in their wills?

Presumably, when one spouse dies, everything will be left to the surviving spouse. Later, when the surviving spouse dies, all property will be left to their children in equal shares except that the share of a deceased child would be left to that child's children. That's typically how a married couple with several children would set things up in their wills.

In such a case, the man and wife get the first two graves, and the other two would be owned by the children in equal shares. If a different disposition is provided for in the will of the surviving spouse, the two graves would be owned by the beneficiaries named in that spouse's will. It would then be up to the new co-owners to decide who gets to use the graves. In most families, the two remaining graves would be made available to the first takers.

Of course, this is not a contest you want to win. However, if there's any disharmony in the family, you can only imagine the sorts of disagreements that might occur over who gets to use the two spots. It is important to note that some cemeteries might have different policies and rules, so the safest approach would be for the man and wife to address the situation before they pass away, or if they have already passed away, then the new co-owners should meet and discuss the options with the cemetery.

My husband and I recently took our new Durable Power of Attorneys to two of our banks. We name each other, and then some out-of-town friends as agents. Both banks said we have to use their paperwork and have both primary agents sign in front of bank personnel during banking hours. This is nearly impossible for our friends. I know there is elder abuse, but what is going on? To reiterate, all this ultimately depends on the rules and regulations where you live , as well as the cemetery you choose.

For more specific information on how long you own a burial plot after it is used, we recommend that you contact a cemetery near you now to learn more. The cost of a cemetery or burial plot varies state to state. Get information on burial plots, including average prices by state now.

What is a Burial Plan? Do Veterans Get Buried for Free? How Much Does Cremation Cost? Remembrance Quotes Guide. How Can We Help You? Return to Top. Purchasing a Cemetery Plot Generally speaking, when you purchase a cemetery plot , it does not expire , and it will always be yours. Expiration Dates on Cemetery Plots People who are considering purchasing a burial plot often ask whether the plot has an expiration date before use. If neither of these options are chosen during the lifetime of the burial plot owner then the burial plots pass pursuant to cemetery law under the Texas Health and Safety Code by an automatic right of interment.

One way to avoid having to specifically mention your burial plots in your will or other written declaration, and also avoid being forced to rely on the automatic right of internment in Texas, is to deed your unused burial plots to your intended beneficiaries during your lifetime. However, even though a burial plot is real property, its ownership is not conveyed by filing a deed in the real property records in the county in which the burial plots are located. Rather, a burial plot deed is recorded with and controlled by the records of the cemetery organization which govern the cemetery where the plot is located.

Many times burial plots are not specifically mentioned in a will or other document nor are they transferred during the lifetime of the owner. Often, burial plots just keep descending down generation to generation to the heirs of the original owner. This can lead to confusion as to who has the right to be buried in the plots.