Sharon, There is a link from the INPCRP main page under "Indiana Cemetery Laws" that takes you here: http://www.ai.org/legislative/ic/code/title23/ar14/ I think chapter 42 may answer your question, found here: http://www.ai.org/legislative/ic/code/title23/ar14/ch42.html This is not clear cut, however. IC 23-14 chapter 36 section 2 says ownership cannot be transferred or assigned without the consent of the cemetery owner. You also need to read chapters 39, 40, and 41 to see if those laws dealing with multi-space lots and family burial lots apply. My advice would be to find an attorney or paralegal familiar with cemetery laws. You will need specific information, such as who the original lot owner was, was this a family lot, was the lot/lots mentioned in a will or other document, and any rules the cemetery association may have on transfer of ownership. Ernie At 07:12 AM 03/07/2002 -0500, you wrote: >I've tried searching the Archives for this subject, which I think has been >discussed before. Maybe I"m not using the right words, but I can't get a >reference. > >My question pertains to lot ownership. A person who purchases a lot is >obviously an owner of the lot. If that person dies leaving vacancies for >burial of relatives, do the relatives who plan to be buried there become >owners of their plots? Does it require mention in a will? > >Continuing along the possibilities, if a lot owner dies leaving one >survivor, does that survivor become the owner of the lot along with other >inherited property? Does it need to be mentioned in a will, even though >this would be a very simple probate? What if there are two or more survivors? > >Even further afield, does one of a number of survivors of a lot owner have >any claim to lot ownership? Cemeteries often look to survivors for >guidance about removal of shrubs and flowers from grave sites. Does this >suggest some kind of ownership? > >I ask because the original By-Laws of a specific cemetery association >restrict its membership to lot owners. The cemetery is nearly full, and >no meetings have been held for more than 20 years. I know the By-Laws can >be changed, but first there must be at least seven people with legitimate >membership to elect a board of directors to take any action. > >Sharon Mills > > > > > > >==== INPCRP Mailing List ==== >Please do not send queries through this list. >

Ernie, I'm not sure this excellent link addresses the issue, which is lot ownership. That's not exactly what we're up against. What we need to know is if the persons who expect to be buried in their ancestor's lots, described by this section as "owners of burial rights," actually "own" the lots. The bylaws are silent about transfer of ownership. Of course. Thanks, Sharon Mills At 05:05 PM 3/7/02 -0600, you wrote: >Sharon, > >There is a link from the INPCRP main page under "Indiana Cemetery Laws" >that takes you here: > >http://www.ai.org/legislative/ic/code/title23/ar14/ > >I think chapter 42 may answer your question, found here: > >http://www.ai.org/legislative/ic/code/title23/ar14/ch42.html > >This is not clear cut, however. IC 23-14 chapter 36 section 2 says >ownership cannot be transferred or assigned without the consent of the >cemetery owner. You also need to read chapters 39, 40, and 41 to see if >those laws dealing with multi-space lots and family burial lots >apply. My advice would be to find an attorney or paralegal familiar with >cemetery laws. You will need specific information, such as who the >original lot owner was, was this a family lot, was the lot/lots mentioned >in a will or other document, and any rules the cemetery association may >have on transfer of ownership. > >Ernie > >

Sharon, The answer is there, just a little complicated to find. Several questions need to be answered: Did the owner transfer rights or ownership before he/she died? Did the owner transfer rights or ownership in a will or other document after he/she died? When the estate was settled was there any determination on lot rights/ownership? If none of the above apply, then burial rights pass as part of the estate. In the case of more than one heir to the estate, then section 5 of chapter 42 applies: Sec. 5. (a) If there are several owners of burial rights in a burial plot, the owners may: (1) designate in writing one (1) or more persons to represent them; and (2) file the written designation with the owner of the cemetery in which the plot is located. (b) In the absence of: (1) the filing of a written designation of one (1) or more representatives under subsection (a); or (2) a written objection to the interment, entombment, or inurnment; a cemetery is not liable to any owner of burial rights in a burial plot for interring, entombing, or inurning, or permitting an interment, entombment, or inurnment in the burial plot upon the request or direction of a registered co-owner of the burial rights. In other words, if all the heirs do not agree (in writing) then the cemetery is not liable, and can deny any of them the right to be buried there. An heir can also file an objection in writing to deny any other heir burial rights. I still recommend you have an attorney or paralegal sort this out. Ernie At 07:06 PM 03/07/2002 -0500, you wrote: >Ernie, > >I'm not sure this excellent link addresses the issue, which is lot >ownership. That's not exactly what we're up against. What we need to >know is if the persons who expect to be buried in their ancestor's lots, >described by this section as "owners of burial rights," actually "own" the >lots. > >The bylaws are silent about transfer of ownership. Of course. > >Thanks, > >Sharon Mills > > > > > > >At 05:05 PM 3/7/02 -0600, you wrote: >>Sharon, >> >>There is a link from the INPCRP main page under "Indiana Cemetery Laws" >>that takes you here: >> >>http://www.ai.org/legislative/ic/code/title23/ar14/ >> >>I think chapter 42 may answer your question, found here: >> >>http://www.ai.org/legislative/ic/code/title23/ar14/ch42.html >> >>This is not clear cut, however. IC 23-14 chapter 36 section 2 says >>ownership cannot be transferred or assigned without the consent of the >>cemetery owner. You also need to read chapters 39, 40, and 41 to see if >>those laws dealing with multi-space lots and family burial lots >>apply. My advice would be to find an attorney or paralegal familiar >>with cemetery laws. You will need specific information, such as who the >>original lot owner was, was this a family lot, was the lot/lots mentioned >>in a will or other document, and any rules the cemetery association may >>have on transfer of ownership. >> >>Ernie >> > > > > >==== INPCRP Mailing List ==== >Blessed are the Elderly, for they remember what we will never know. >