Legal Question in Wills and Trusts in Massachusetts
Family Burial Lot
My mother's mother, my grandmother, bought a Family burial lot of 8 spaces, back in the 1950's. All of my mother's siblilngs, and mother etc., are deceased and buried there. My mother is the only surviving child left of my grandmother. My mother just found out that her niece and nephew are trying to make claim to the remaining family lots left in the family lot, giving my mom the impression that she does not have any say about the remaining lots and who gets buried there, because their mom was the eldest child. They even had their last name put on the front of the stone under my grandmother's name. While they were having that done they told my mom they were having the stone cleaned and never mentioned the name being put on the stone. My mom found out about it when she went to visit the grave of her mother. After my mom dies, she wants her own children to have the lots left which are 3. Can she request this in her Will since she is the last remaining heir of my grandmother? Or will the remaining family all have a right to the remaining lots after my mom dies? If so, how is this decided as to who gets the lots? Let the fight begin :)Thank you.
1 Answer from Attorneys
Re: Family Burial Lot
I would have a number of questions before being able to answer this question effectively.
First, I would want to know who "owns" the burial plot. Is there a contract with the cemetery director or managers that spells out how the plots are owned and how they are passed on or transferred? Did your grandmother transfer her interest or ownership in some or all of the plots prior to her death? All? Some? To whom?
Your mother can only give in her will that which she owns at the time of her death. So the question is what is your mother's current ownership interest in the plot(s)?
I'd love to hear any other suggestions or advice from somebody who deals with burial plots more regularly.
If the plots are located here in Massachusetts, and your mother is interested in preparing her estate plan, please feel free to have her contact my office.
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