Family Burial Lots

The death of a family member is never easy, and in these times, other family members often seek to maintain the honor and respect of those who have passed. So, what is a family burial plot? A family burial plot is essentially a designated area within a cemetery where family members can be laid to rest next to each other. Family burial plots can assist not only with the practicality of burying your loved ones, but also with maintaining the sanctity of the family unit. Loved ones can visit their family members in one centralized location, allowing for preservation of the ancestry.

Burial plots can include one or more grave spaces, mausoleum crypts, garden crypts, and niches. This means a grave or other structure that holds the deceased’s remains or ashes. If the record owner of the burial rights of the plot passes away, then the burial plot will be considered a family burial plot if the plot has already been used for the burial of the record owner, if the deceased did not formally transfer burial rights to someone else through a will or transfer, and if the plot has been used for at least one burial. In such family burial plot, one designated spot may be for the record owner, then there may be a designated spot for the surviving spouse, and if there are spaces remaining, parents or children of the deceased record owner may have a spot. In the event there are no surviving parents or children of the deceased, the right to a spot shall go to the heirs of the deceased or the spouse of the heir if the heir has already been buried. But a surviving spouse, parent, child, or heir is entitled to waive his or her right in favor of another relative or spouse. Further, in Indiana, if a family burial plot has already been established, living children and parents of the deceased may terminate the status of a burial plot, and any remaining lots may be transferred, conveyed, or sold to either the cemetery owner or any other person designated by agreement.

If you have any questions or need assistance with establishing a family burial plot, please reach out to one of our estate planning attorneys at McNeelyLaw LLP by calling (317)825-5110.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion of any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation.