Advice on selling grave plots

IrishEyes

IrishEyes

Sharon
Location
Midwest
My Mom had taken Transfer of her parents 2 plots, they had purchased 4, 2 of which they used.
About 5 years before her death she expressed her feelings to be cremated instead. I was given
all the documents by my sister recently because she can't pay the transfer fee or deal with all the
documentation it entails.
The plots are in Rose Hills Cemetery in California, I am in Missouri.

My Mom knew she was dying, paid her cremation ahead of time, distributed all her assets to each of us
so had no Power of Attorney or Executor named or notarized.
Reading the requirements to transfer to myself so I can sell them seems like they cover themselves by
vague reasons why they can deny a transfer.

Has anyone done this? I am almost scared to try it. She died in 2008, so it's been awhile.
Thought I would ask here before I call them to see if what documents I do have fit their requirements.
Thanks in advance for any advice that can help me going into this.
 
My parents bought 4 lots in a row: 2 for them, 2 for my wife and me. My parents are buried in their 2 lots. We moved 65 miles away, and we (especially my wife) decided we did not want those lots, and bought our own in our town.

Some few years ago, I decided to sell the lots my parents had bought for us. I could only find one woman in the business of reselling cemetery lots who expressed interest in helping me. She required, without exception, that I sign a limited power of attorney to act with full authority on my behalf. I told her I was not comfortable with that arrangement. In turn, she said buyers are often spur of the moment opportunities, buying at the time of need and she would not have time to contact me to come to the area......and she would not take this on without the signed POA.

The lots are still there and will probably never be resold or used.
 
MACKTEXAS said:
My parents bought 4 lots in a row: 2 for them, 2 for my wife and me. My parents are buried in their 2 lots. We moved 65 miles away, and we (especially my wife) decided we did not want those lots, and bought our own in our town.

Some few years ago, I decided to sell the lots my parents had bought for us. I could only find one woman in the business of reselling cemetery lots who expressed interest in helping me. She required, without exception, that I sign a limited power of attorney to act with full authority on my behalf. I told her I was not comfortable with that arrangement. In turn, she said buyers are often spur of the moment opportunities, buying at the time of need and she would not have time to contact me to come to the area......and she would not take this on without the signed POA.

The lots are still there and will probably never be resold or used.
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I have a feeling that is what's going to happen here also. I bet if I wanted to be buried there it would not be a problem though.
But to sell them, I think they will find a good excuse to deny me transfer. My son researched the price they are going for in different
sections of the site, it is a huge place. Mom was so good about making making sure all her business was taken care of, I have no idea
why this didn't cross her mind. I guess once she paid her arrangements for cremation, she thought no more of the plots. I hate things
hanging over my head and this being dumped in my lap: ughhhh.
 
IrishEyes said:
I have a feeling that is what's going to happen here also. I bet if I wanted to be buried there it would not be a problem though.
But to sell them, I think they will find a good excuse to deny me transfer. My son researched the price they are going for in different
sections of the site, it is a huge place. Mom was so good about making making sure all her business was taken care of, I have no idea
why this didn't cross her mind. I guess once she paid her arrangements for cremation, she thought no more of the plots. I hate things
hanging over my head and this being dumped in my lap: ughhhh.
Click to expand...
My experience was the same as the words in bold. Since my parents bought those lots at a very low price, expensive homes have been built in that area and lot prices are much higher now. I suppose if a "limited" POA would only give power to the realtor to sell the lots, I could safely sign it, but would not do so without consulting an attorney - and that is just another expense (in addition to the realtor's commission) toward something that may never materialize, so I'm not going forward with it.
 
MACKTEXAS said:
My experience was the same as the words in bold. Since my parents bought those lots at a very low price, expensive homes have been built in that area and lot prices are much higher now. I suppose if a "limited" POA would only give power to the realtor to sell the lots, I could safely sign it, but would not do so without consulting an attorney - and that is just another expense (in addition to the realtor's commission) toward something that may never materialize, so I'm not going forward with it.
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My grandparents bought them when it was $100 a lot in 1959. My son said there are asking prices on Marketplace, Ebay, etc anywhere
from $4,000 to $12,000 depending on what section (Gardens they call them). For all I know she could have sold them before she passed
and just didn't tell anyone. She was getting pretty moody during that time. So I guess the first thing to check is if she even still owns them.
 
I have the original Deeds with grandparents listed, then a Transfer of Ownership showing my Mom
and the information of the property. Which is notarized. I will check county records to see if I can
verify she still owns it before I call them and may embarrass myself, thanks Mack
 
After you verify ownership, you might try contacting funeral homes in that general area.
Some funeral homes keep a book of plots that are available.
Funeral directors can offer your plot at a bargain to people who haven't pre-planned their funerals.
You can also donate the plot to the funeral home and they will use it for people who cant afford a plot.

Another option would be to donate it to charity if you just want to be done with it. You might even get a tax deduction.
 
Veronica said:
After you verify ownership, you might try contacting funeral homes in that general area.
Some funeral homes keep a book of plots that are available.
Funeral directors can offer your plot at a bargain to people who haven't pre-planned their funerals.
You can also donate the plot to the funeral home and they will use it for people who cant afford a plot.

Another option would be to donate it to charity if you just want to be done with it. You might even get a tax deduction.
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Those are good options to keep in mind Thank You. First I have to find out if Mom actually still owns them.
I am having no luck on cemetery recorded lot deeds in public records search, maybe because they are not
considered Real Estate or taxed Private Property. I put in a Call Me Back request to Rose Hills to the Title
Admin dept. Learn something new and so glad there is no more like this in the future.
 
It may be different in California but in my area you don’t really own the cemetery plot, you own the right to be buried in that cemetery plot but the cemetery holds title to the land.

If it’s an old cemetery that is ‘full’, the cemetery itself may help to match you with a buyer.

Good luck.
 
Aunt Bea said:
It may be different in California but in my area you don’t really own the cemetery plot, you own the right to be buried in that cemetery plot but the cemetery holds title to the land.

If it’s an old cemetery that is ‘full’, the cemetery itself may help to match you with a buyer.

Good luck.
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You may very well be right on that, not a deed but a Certificate of Ownership type of thing so there wouldn't be what is called a deed.
That could be why it doesn't show in county records @Thanks Aunt Bea.
Oh please dear members if you love your family don't leave this type of mess for them, now if you don't really care, well this will make
them remember you long past your passing:rolleyes:
 
The Spousal Equivalent moved his Dad, his Brother and his Sister from a big cemetery to the family plot in a smaller cemetery in another part of the state when his mother died, so that they could all be buried together. His other brother was buried there last year and the S.E. has his own plot there (complete with gravestone, which freaks me out every time I see it). There are lots of his ancestors and relatives buried there.

He was able to sell all the plots in the original cemetery through the cemetery office (it was a very popular cemetery and was getting filled up) and it pretty much paid for the move) (which was rather expensive). The original graves had flat markers, which he has stored out in the garage until he decides what to do with them. He bought new gravestones in the family plot for his family....and himself... There is space for his brother's wife to be buried there, also, but she doesn't want to be brought there.

I'm going to be cremated and scattered in a waterfall, so I don't need a plot. We don't bury in my family.
 
Aunt Bea said:
It may be different in California but in my area you don’t really own the cemetery plot, you own the right to be buried in that cemetery plot but the cemetery holds title to the land. (1)
Click to expand...

IrishEyes said:
You may very well be right on that, not a deed but a Certificate of Ownership type of thing so there wouldn't be what is called a deed. (2)
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Okay, After reading above, I have to backtrack. I knew I had (still have) paperwork on the lots my parents paid for. I referred to that paperwork as "deed" or "deeds."

This afternoon, I pulled out the paperwork and it is entitled "Certificate of Ownership" rather than "Deed."

A portion of the language in the notarized document has a line filled in with the lot numbers, space, and rows, then a line where our names are filled in, then states: "or heirs and assigns, forever, with all the privileges of an internment right subject to the by-laws, rules and regulations of [NAME OF CEMETERY HERE] - it's successors or assigns." The document is 2 pages and goes on with much more, but what I already typed is the most important part: "internment right."

(1) That appears to be the case, and if so, then it's not a deed, but the rights to burial in the the plot, space - whatever it should be called. That right can be sold or transferred to someone else, unless there is language in the document prohibiting it.

(2) Yes, sorry for any misunderstanding, but if your paperwork is in order, and you are authorized to transfer the lots, the bottom line is you should be able to transfer the Certificate of Ownership [rather than Deed] to someone else who is willing to pay fair price, and the monetary result would be the same to you either way. Whether or not the County will be helpful in providing you information from their records remains to be seen.
 
MACKTEXAS said:
Okay, After reading above, I have to backtrack. I knew I had (still have) paperwork on the lots my parents paid for. I referred to that paperwork as "deed" or "deeds."

This afternoon, I pulled out the paperwork and it is entitled "Certificate of Ownership" rather than "Deed."

A portion of the language in the notarized document has a line filled in with the lot numbers, space, and rows, then a line where our names are filled in, then states: "or heirs and assigns, forever, with all the privileges of an internment right subject to the by-laws, rules and regulations of [NAME OF CEMETERY HERE] - it's successors or assigns." The document is 2 pages and goes on with much more, but what I already typed is the most important part: "internment right."

(1) That appears to be the case, and if so, then it's not a deed, but the rights to burial in the the plot, space - whatever it should be called. That right can be sold or transferred to someone else, unless there is language in the document prohibiting it.

(2) Yes, sorry for any misunderstanding, but if your paperwork is in order, and you are authorized to transfer the lots, the bottom line is you should be able to transfer the Certificate of Ownership [rather than Deed] to someone else who is willing to pay fair price, and the monetary result would be the same to you either way. Whether or not the County will be helpful in providing you information from their records remains to be seen.
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I called them and yes Mom is still the owner so I am set to go. I want to talk with son out there just in case he knows of someone that may want to buy them. The lady said they would buy them back but it probably wouldn't be as much as selling privately would get. Hopefully if it's
meant to be it will happen.
 
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