Q: Does scattering ashes on private property in California mean it can be labeled as a cemetery?
I am fighting for my fourth generation family home, which is currently in the fiduciary hands of my late father’s wife. They were living separately but not legally separated at the time of his death. He did not have a will or any money at time of death, so the property is potentially being sold and the profit split between myself and my two siblings, and the wife.
When my grandfather died in 2012, we scattered his ashes in the back field of the 1.4 acre property.
I heard recently that laying your family to rest on your generational property protects it legally, but I understand that California is notoriously difficult.
Can I use this in any way to save my home? I meet with my lawyer later this month but I would love to not get my hopes up if it is not a possibility. Thanks!
A:
Scattering ashes on private property does not generally establish it as a cemetery under California law. While laying family members to rest on generational property can hold sentimental value, it is unlikely to have a direct legal impact on property ownership or the fiduciary arrangement. Consulting with your lawyer is essential for accurate advice tailored to your situation and the potential options available to protect your family home.
James L. Arrasmith
Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith
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