Question: How do I transfer the ownership of a burial plot from my deceased parents’ name to the name of only one of the adult children?
There was a Trust, but the Trust does not include the cemetery plots. There are four empty plots, and my deceased parents are the only two listed on the deed. There are three adult children. I am one of the adult children, and I have been the Trustee of the Trust. I do not want my cemetery plot. I would like for my sister to have the plot that was intended for me.
My sister and I agree that our brother should not have my plot. My sister would like to have all four plots, and I agree that she should. I have the deed in my possession right now. The cemetery is located in Georgia.
Loraine’s Answer: You need to contact whoever manages the cemetery. In Georgia, the right to cemetery plots is generally contractual, and the contracts often provide that the rights will pass to a deceased owner’s heirs, even if there is a Will that provides for assets to pass elsewhere.
You may need to first show the deed your parents held to the cemetery management, along with death certificates, to confirm your parents are deceased. You will then likely need to fill out paperwork showing that you and your siblings are the heirs. The cemetery should then be able to transfer the rights to the plots to the heirs, and then, if you want to transfer your interest in the plot to your sister, the cemetery manager can help you complete the paperwork needed to do that.
As for helping your sister get sole ownership of the plots, unfortunately, if your brother is not willing and able to sign his interest over to her, she may not be able to become the sole owner of the plots. If your brother balks, your sister should consider offering to buy him out. That might be enough to convince him to sign over his interest.
Key Estate Planning Takeaway: The right to cemetery plots is generally contractual, and the contracts often provide that the rights will pass to a deceased owner’s heirs, even if there is a Will that provides for assets to pass elsewhere.
This “Q&A with Loraine” blog series is inspired by answers from Morgan + DiSalvo Partner Loraine DiSalvo to actual user questions posted by individuals on www.avvo.com. This blog is a more in-depth response than can be given on their site under their character limits for answers. To view the original question and Loraine’s original response, click here
