Sharon: I cannot speak on the law, but I can speak as secretary of a cemetery association on how we handle these situations. Our policy is if a survivor of a lot owner wishes to be buried in the lot, then we must have permission from any remaining heirs. We then re-issue a deed for that portion of the lot in the name of the heir, so that in 20 years if none of us are around there is proof of ownership. This is, of course, if we don't have any documentation from the original owner that they intended for their children or whomever to be there anyway. Many times there are notations in our records who to hold the lots for anyway. I have had circumstances where two or three surviving children sign off that they don't want the lot and that they agree to allow grandchildren to have the remaining lots. Our biggest problem is from 50-70 years ago when families bought an entire lot to help generate funds for the cemetery, but ended up only using two of the six graves. Now there are no surviving reletives, except maybe great or great great grandchildren who don't live in the area and have no intention of being buried there. We have four unused graves that will probably never be used, and we can't reclaim them to re-sell. Another problem is for husbands and wives who have the deeds issued in both names but later divorce. They never think to have the divorce court decide who gets the lots, or if they split them between the two. I know this sounds like a minor issue in a divorce, but wait until one of them dies and the other wanted to be buried there WITHOUT the ex-spouse being next to them. The BEST way for this issue to be handles is by a court of law, whether it is in the case of divorce, probate or whatever. It gives clear and concise answers to who retains ownership. It can become a very emotional issue when there are not enough graves to go around and everybody wants to be buried next to 'mom and dad'. Hope this helps. Kyle D. Conrad, Secretary Riverside Cemetery Association Brook, Indiana

Kyle, Thanks for these helpful ideas, which will help us to reformulate the By-Laws, our probable first task after reorganizing. In fact, we need more such ideas. We're working with a set of basic by-laws formulated in 1927 and amended twice. Seventy years later, there are additional issues to address. Our first challenge is to find at least 7 current lot owners who are not occupying their lots. The bylaws as now stated require that only lot owners can be members of the association, eligible to vote or hold office. One or two stalwart supporters expect to be buried in lots bought by their ancestors. Some have ancestors buried in this cemetery but have their own plots located elsewhere. We just have to get through this first meeting legally with officers and directors who are equal to the tasks ahead. Sharon Mills At 11:08 AM 3/7/02 -0500, you wrote: >Sharon: > >I cannot speak on the law, but I can speak as secretary of a cemetery >association on how we handle these situations. > >Our policy is if a survivor of a lot owner wishes to be buried in the lot, >then we must have permission from any remaining heirs. We then re-issue a >deed for that portion of the lot in the name of the heir, so that in 20 years >if none of us are around there is proof of ownership. This is, of course, if >we don't have any documentation from the original owner that they intended >for their children or whomever to be there anyway. Many times there are >notations in our records who to hold the lots for anyway. I have had >circumstances where two or three surviving children sign off that they don't >want the lot and that they agree to allow grandchildren to have the remaining >lots. Our biggest problem is from 50-70 years ago when families bought an >entire lot to help generate funds for the cemetery, but ended up only using >two of the six graves. Now there are no surviving reletives, except maybe >great or great great grandchildren who don't live in the area and have no >intention of being buried there. We have four unused graves that will >probably never be used, and we can't reclaim them to re-sell. > >Another problem is for husbands and wives who have the deeds issued in both >names but later divorce. They never think to have the divorce court decide >who gets the lots, or if they split them between the two. I know this sounds >like a minor issue in a divorce, but wait until one of them dies and the >other wanted to be buried there WITHOUT the ex-spouse being next to them. > >The BEST way for this issue to be handles is by a court of law, whether it is >in the case of divorce, probate or whatever. It gives clear and concise >answers to who retains ownership. It can become a very emotional issue when >there are not enough graves to go around and everybody wants to be buried >next to 'mom and dad'. > >Hope this helps. > >Kyle D. Conrad, Secretary >Riverside Cemetery Association >Brook, Indiana > > >==== INPCRP Mailing List ==== >Cemetery: (n) A marble orchard not to be taken for granite.