 |
|
|
|
|
|
|
|
|
|
WHOSE LOT IS IT?
Although one of the most universally owned items, rights and interests in a cemetery lot are still a mystery to many people. It can seem an unimportant mystery; but when a death in the family occurs, it can become very important. This brochure will explain the basics of what is involved in the “ownership” of cemetery lots, as simply as possible. If you have further questions, contact The Catholic Cemeteries Association at the numbers provided in this brochure.
“Ownership” of graves or crypts in Catholic cemeteries is not ownership in the same sense as owning your own home. Those who acquire graves or crypts hold their interest by “easement” or right of burial. That is, you, the owner, have a permanent right of use for yourself and your family, as space allows, in the graves or crypts.
You may hold this easement/right of burial in a variety of ways. A single name, of course, means that one person has all the rights in the lot. Today, most lots purchased are two graves or more. In years past, if there were two names on the easement, what is called “tenancy in common” was frequently practiced. If one party died, the new owner(s) would be the surviving owner(s) and all the blood heirs of the deceased owner. This obviously created problems because, depending on family size, there could be numerous eventual owners, each with an equal interest.
Today, when there are two or more owners, cemeteries strongly urge that the lot be held in
“joint tenancy with right of survivorship.” That means, simply, that if one owner dies, the other becomes the sole holder of rights in the lot. This tremendously simplifies the question of control and use.
|
|
|
|
|
|
|
|
|
|
RIGHTS OF LOT HOLDERS
What exactly are the rights of a lot holder, generally described as “right, title and interest?” Owners of graves or crypts can do a number of things:
- They can direct who may be buried in the lot and who may not. Even a blood heir cannot be buried in the lot without the owner’s permission.
- They can allocate individual graves in the lot to various people, whether relatives by blood or marriage. On larger lots, this is a wiser thing to do than waiting to give approval when a death occurs. If the owner dies without allocating graves, there could be more heirs than there are graves or crypts, and problems can arise as to who will use them.
- They can transfer their right, title and interest to other family members or to another eligible Catholic family altogether.
While still alive, owners have absolute control. After all, they have acquired the lot and therefore have a reasonable right to direct how it is to be used. Their instructions, if filed in writing with the cemetery, can continue even past their own lifetime. Forms are available in every cemetery office where instructions of the owner can be set forth in writing for future reference.
|
|
|
|
|
|
|
|
|
|
ALLOCATION OF GRAVES
The importance of grave allocation on larger lots cannot be stressed enough. In the owners’ lifetime, their judgment prevails. But after that, specific rights of blood heirs must be recognized, even if inconvenience is caused.
For example, a father might well expect that his son and the son’s wife will be buried in the lot. However, the daughter-in-law is not a blood heir and does not have rights ahead of a blood heir. If the father did not designate her right of burial in his lifetime, it would require the permission of all the blood heirs. At best, this requires a process that otherwise would not have been necessary. At worst, blood heirs might refuse to give up their rights to a non-blood heir. All this can be avoided by allocation of graves/crypts by the owner(s).
The only person automatically protected after the death of the owner is his or her spouse. Even if the spouse was not an owner, he or she is guaranteed a right of burial ahead of blood heirs. This right does NOT extend to spouses of heirs.
Cemetery lots are a strange phenomenon. They are considered neither real nor personal property. In a will, they cannot pass “residually.” That is, if someone wills the “rest and residue” of their estate to another person, cemetery lots are NOT included in that residue. Owners must give the lot specifically and by intent to another person or persons. Otherwise, all blood heirs still have the right of burial. This protects blood heirs from an inadvertent omission of the cemetery lot from the owner’s will.
The owner of a lot must approve the placement of any memorials on the lot. Once a burial has been made, they cannot deny the survivor(s) the right to mark the grave, because with burial goes the right to identify the burial.
|
|
|
|
|
|
|
|
|
|
HEIRS and THEIR RIGHTS
What rights do heirs have? Generally, the same as the owner because, upon his or her death, the heirs become the “owners.” However, this could create a number of owners which, unless they agree to give one heir authority, may mean numerous permissions when some action is required. Heirs may not, however, change any written instructions of the original owner unless circumstances are clearly altered, such as the allocation of a grave to someone who subsequently was buried elsewhere. If a person to whom a grave or crypt was allocated decides not to use it, he or she does not have the right to reallocate it. It returns to the owner or, if the owner is dead, to the blood heirs.
There are numerous cemetery lots in older cemeteries where many heirs exist, some of whose whereabouts are unknown. This could complicate situations if common sense is not used. Where there are presumed unknown or unlocatable heirs, the cemeteries will accept authority for burial from existing heirs, provided they sign an Indemnification and Hold Harmless Agreement, protecting the cemetery from claims of other heirs.
Heirship descends from parents to children. It is important to know that, after the death of the owner, blood heirs include any surviving children and the children of any deceased children of the owner. If there is no lineal line left, then heirship goes to what is called the “collateral line” — the brothers and sisters of the deceased owner and eventually their heirs.
What happens if there are a number of heirs entitled to burial and no one has decided who will use the graves? It then becomes a matter of “first come, first served” among equal heirs. That is reasonable, but it does not solve the problem of burial for non-blood heirs, such as spouses, and the need for permission of all the blood heirs for such a burial to take place.
These are some reasons why the joint tenancy purchase, the allocation of graves, or the giving of control to one heir is very desirable for good order.
|
|
|
|
|
|
|
|
|
|
MULTIPLE INTERMENTS
Double-depth interments are permitted in certain sections of some cemeteries. Questions are often asked concerning what permissions are needed to make a second interment in a grave in which there has already been a previous burial.
Two permissions are required: one from the owner(s) of the lot, and an additional one from the next of kin of the deceased in whose grave the additional burial is to be made, if that person is different from the owner. In this instance, the spouse, although not a blood heir, is considered the nearest of all relationships.
An example shows the justice of this rule. The owner might bury his daughter in a grave on the lot. Later, because of space limitations, he may want to bury another relative in the same grave. The husband of the deceased daughter, even though he is not a blood heir, has the right to prevent this. By the same token, the nearest relative cannot decide alone that someone else may be buried in the same grave. The owner of the lot must also approve.
There may be a charge for the privilege of using a single grave for more than one interment. Memorialization on a grave with multiple interments may also be limited. Check with the cemetery office for further information about multiple interments.
|
|
|
|
|
|
|
|
|
|
TRANSFER OF OWNERSHIP
Graves need not be kept by families if they are not expected to be used. They may be transferred within a family or they may be transferred to another Catholic family who meets the criteria for ownership set forth by the cemetery. There is a specific procedure that must be followed for the transfer of ownership. Contact your cemetery office for further information.
|
|
|
|
|
|
|
|
|
|
CHRISTIAN BURIAL
All rights and interest noted herein are subject first to the right of Christian burial. Catholic cemeteries are not public cemeteries. Their use is limited to those of the Catholic faith, but does include family members who may not be Catholic. Catholic cemeteries are integrally united with Catholic belief - both in the religious truths that people live by and in the Church’s belief in eternal life. Burial in a Catholic cemetery carries with it explicit acceptance of these beliefs.
There are many unusual situations that can develop, particularly when there are disagreements within a family. This brochure cannot cover every possible situation, but rather gives an overview of the right to burial in a Catholic cemetery.
If you are a purchaser of burial space in your own name, you have a fortunate and uncomplicated situation. If the lot is large, however, you have a responsibility to create good order for your heirs.
If you are an heir to a family lot, by all means you should use it. It is wise for families not to wait until the last minute or some unforeseen circumstance before they decide upon the use of burial space, particularly if the burial of spouses is involved.
Assistance with these and other matters related to your burial arrangements can be obtained from the counselor who visits you or from any offices of The Catholic Cemeteries Association.
|
|
|
|
|
|
