When Parents Die, Don't Forget The Cemetery Plots

Last week I opened a new probate file. Three adult children came to my office for assistance in the probate of their mother's estate. Their father had died a few back, and now they needed help transferring the assets. One asset came up that they would have overlooked, as I'm certain many do....the rights to cemetery plots.

It turns out that their parents had purchased five plots, and now only two were used. What will happen to the remaining three plots? A quick call to the cemetery sexton, and we had an answer. The children will decide who will get a plot and we'll send a letter to the sexton so that new easements can be drafted.

It was my own personal experience that led me to inquire about extra plots; my great-grandparents had purchased numerous plots in the small Wisconsin town were my mother was raised. Some remain open, and have passed from one generation to the next. It is an asset often forgotten about in traditional probate matters.

Remember, reading a blog post is not the same as seeking legal advice. Please consult with an attorney before taking action.