Greetings from the "Golden" State: Last year California enacted a statute that dealt with this same subject. Prior to this, when a lot/plot was purchased it was "owned" by the party who purchased it. Most people did purchase with the idea that it would be used for whatever family members chose to be buried there. The purchaser, however, was the only legal party with absolute control over the disposition of the lot/plot. When the purchaser died and had not made provision to transfer that authority/"title", cemeteries were not allowed to bury anyone who's name was not connected with the purchase. For private licensed cemeteries, those with right to interment, extended only to surviving spouse and children, but not grandchildren. The new law enacted last year, provides that ownership interest in the cemetery lot/plot, if not transferred by specific bequeathment or through an estate distribution, will pass through the state's probate law of intestate succession. In other words, intestate succession in California means 1) to the surviving spouse, 2) if no spouse, to the children, 3) if no children, to the mother and father, 4) if no parents, to siblings, and on down the line. If none above the above, the plot remains inalienable for all time. I am the sexton of a cemetery association, and it is very common to restrict membership to lot owners. In our case, private cemetery associations have been determined to be under the regulation of the State Cemetery and Funeral Bureau, which is responsible for oversight of licensed private cemeteries. Though we are not required to be licensed, we are required to abide by those private cemetery statutes. Therefore, when we have someone make claim to burial in a plot, and the plot owner is dead, we run into this dilemma of do we allow the burial if no prior notice had been given authorizing that burial. Our board has decided that, providing there is room in the plot, and providing that the person can provide verifiable evidence of familial relation as a child or grandchild, then we will allow the burial in the plot. Ordinarily the requests recently have been for cremated remains interments, so we have been fortunate that it doesn't entail a great deal of impact to the ground. Whether that's in complete compliance with the law was weighed by the board. They decided that because the community is so small and everyone knows everyone else and their families, that it would be really inconsiderate not to use common sense. The plot is paid for, and part is available. How do you tell a mother that you can't allow her to bury her child next to the child's grandmother? We just couldn't do it. Sue Silver ----- Original Message ----- From: "Joe Mills" <mills@reliable-net.net> To: <INPCRP-L@rootsweb.com> Sent: Thursday, March 07, 2002 10:19 AM Subject: Re: [INPCRP] lot ownership questions > > 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. > > > > > ==== INPCRP Mailing List ==== > If you know of some good cemetery related links, send them to LoisMauk@usa.net. > >