Do I have legal rights to my family burial plot?
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Do I have legal rights to my family burial plot?
My mother bought a family burial plot in the 1950’s. I am the only surviving daughter/sibling. When my sister died my nephew had the stone removed saying it was being cleaned but when it was returned he had his surname added to the front, with our family name, making it look like he owned it. For years I have always taken care of the plot they never did. Now when I plant flowers my nephew removes them and plants what he wants there. Do I have legal rights to be buried there now if he has the deed? Can I will this to my children? Can I have his name removed from the front of the stone? I am 80 years old
Asked on May 30, 2012 under Estate Planning, Massachusetts
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The laws of all states with respect to aparticular burial plot lies with the holder of the deed to the land. If you are not on title to the deed to a particular family plot, then you have no legal rights to it as far as burial.
As to a plot where a family member is buried as to any dispute over planting and the like, the deed lies most likely with the person who was buried in the plot. The best way to resolve the planting and stone issue is to contact the company that maintains the cemetary for guidance on the issue. Under the laws of all states, most perpetual care cemetaries have funds held in trust to maintain the site. You should also consider consulting with an attorney experienced with the laws pertaining to cemetaries and their maintenance.
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