Who Inherits Your Unused Cemetery Lot?

Minnesota statutes address who inherits any unused cemetery lots, and the answer may somewhat surprise you.

If your Will doesn’t specifically mention the cemetery lot and doesn’t name just one person to inherit it, the Will has no impact on what happens to the cemetery lot. Note that both conditions  – specific mention and one person named — must be met.

If the conditions are not met, Minnesota law responds as if you had no Will.

Namely, Minnesota law says that the the cemetery lot can be used by your spouse for his or her burial. If there is no surviving spouse, or if the surviving spouse decided not to be buried there, then your oldest living child inherits the cemetery lot.

If there you die without a surviving child, the cemetery lot is inherited by your youngest surviving brother or sister.

If there is no surviving spouse, child or sibling – and if the lot is not sold during the administration of your estate — then the lot is transferred to the relevant cemetery association or private cemetery. The cemetery or cemetery association then holds the cemetery lot in trust for burial of your relatives in the manner that those organizations “deem proper”.

Any grave markers, monuments or other structures that are lawfully installed or erected on the cemetery lot are considered part of the cemetery lot.

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Disclaimer: This Blog is for informational purposes only and is not to be construed as legal advice. If you have questions, please seek the advice of an attorney.  An attorney-client relationship is not formed by reading this Blog. If you are interested in Wittenburg Law’s representation of you, you must contact Wittenburg Law for a determination of whether your matter is one for which Wittenburg Law is willing and able to accept representation of you.

Bonnie Wittenburg, Wittenburg Law Office, PLLC, Minnetonka, MN   952-649-9771 www.bwittenburglaw.com    bonnie@bwittenburglaw.com