Little known laws are the light of a litigator\u2019s life.<\/p>\n
Example: the law of cemetery plots.<\/p>\n
The right to be buried in a certain plot is known as\u00a0\u201cthe exclusive right of sepulture.\u201d The right is usually conveyed to the person via a\u00a0certificate of ownership, although that is not the only way it may be conveyed.<\/p>\n
A plot may hold contain more than one grave, niche or crypt.<\/p>\n
A cemetery plot isn\u2019t treated like any other type of real or personal property. The plot is\u00a0presumed to be the separate property of the person who is named as the grantee in the\u00a0certificate.<\/p>\n
That doesn\u2019t mean the spouse of the grantee gives up all rights. To the contrary, the\u00a0spouse has a vested right to have the spouse\u2019s remains also interred in the plot. The\u00a0vested right can only be terminated by a decree of divorce, or when the spouse\u2019s\u00a0remains are interred elsewhere.<\/p>\n
What happens to the plot after the grantee dies? Unless the grantee has made a specific\u00a0disposition of the plot by express reference in his will, or by a written declaration filed\u00a0and recorded in the office of the cemetery organization in charge of the cemetery, the\u00a0right to be interred is reserved to the surviving spouse and the grantee\u2019s children.<\/p>\n
The surviving spouse or the child may waive his or her right of interment in favor of the\u00a0owner\u2019s relative or a relative of the owner\u2019s spouse.<\/p>\n
Translated, that means you could end up buried next to your mother-in-law.<\/p>\n
Another little-known law states that you can leave written and binding burial directions\u00a0regarding the inscription to be placed on your grave marker. Your designated burial\u00a0agent must \u201cfaithfully\u201d carry out your directions. That opens up a whole lot of\u00a0possibilities, doesn\u2019t it?<\/p>\n
Hammerle Morris Law Firm. Give us a call. We can help.<\/p>\n