Fontana, CA asked in Civil Litigation, Contracts, Estate Planning and Real Estate Law for California

Q: If I was my grandmothers beneficiary and she had purchased 4 cemetery plots with only one remaining can I sell it

2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: It depends on what the estate planning instrument says. If it is a Will or a Trust and it specifically states that the cemetery plots are to be used for a certain purpose, the answer would be no, since you (or the administrator/trustee) would have to abide by the terms of that estate planning document.

If, however, the estate planning document is silent as to the use of the burial plots, you would generally have the right to control those plots unless there is a specific prohibition in the estate planning document.

That said, it could be respectful to follow whatever wishes that your grandmother gave to you or a family member prior to her passing.

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: The answer depends on whether your grandmother had a trust or will, what the trust or will says, whether there are other beneficiaries, and more information that is not contained in your answer. Unfortunately, a lawyer needs more information to help you. Sorry about that!

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