View Full Version : Cemetery Plot
pastor1189
Apr 13, 2015, 05:28 AM
Cemeteries in foreign lands I presume have their own laws. But in the USA
If person is buying a plot, making monthly payments and suddenly becomes deceased.
Can the cemetery refuse to bury the person because there is still is an unpaid balance
AK lawyer
Apr 13, 2015, 06:06 AM
It depends upon the terms of the contract to purchase the plot.
pastor1189
Apr 13, 2015, 06:25 AM
Thank you so much. This situation is in Honduras.
J_9
Apr 13, 2015, 06:40 AM
It would still depend on the terms of the contract.
AK lawyer
Apr 13, 2015, 06:45 AM
Generally (in the absence of specific contract language to the contrary), the cemetery would be within it's rights to insist that the account be paid off.
Fr_Chuck
Apr 13, 2015, 07:08 AM
There are many ways to "buy" the plot. One is that it is a loan, and the land is deeded to the buyer.
The other is more like a contract for deed, where the deed is not really given until all payments are made.
Another would be where the land is not actually purchased, but merely the right of burial is purchased on the land.
Even then, if purchased, the type of deed. I purchased some land in Scotland for my ashes to be scattered at. I have a actual deed for the property.
AK lawyer
Apr 13, 2015, 07:16 AM
... I have a actual deed for the property.
It's questionable how "actual" a cemetery plot deed in Scotland is. I wonder if, assuming it's not used for 300 years, your descendants will be able to enforce it.
430 years ago, a man was buried in England. A few years ago, they found a body under a parking lot. :)
pastor1189
Apr 13, 2015, 07:46 AM
Yes it is a bit of a dilemma the 87 year old women is on her last legs. The USA relatives
Have collected $2,300 down payment on the total price of $4,300 and hope to pay off the rest of amount in six months. But if the women should die before the six months, what would they do with the body?
AK lawyer
Apr 13, 2015, 07:54 AM
... But if the women should die before the six months, what would they do with the body?
Bury it a paper's grave, or cremate it, probably.
By the way, why did you ask about "in the USA", if the prospective deceased, and the cemetery plot (as I understand), is in Honduras? That was sort of a red herring.
pastor1189
Apr 13, 2015, 08:20 AM
I was comparing the policies between Honduras and the USA concerning the interred.
The Honduras folks have told the church, that the Honduras cemetery will not bury the person unless the bill is paid in full. Kind of disturbing with souls
AK lawyer
Apr 13, 2015, 08:46 AM
I was comparing the policies between Honduras and the USA concerning the interred.
The Honduras folks have told the church, that the Honduras cemetery will not bury the person unless the bill is paid in full. Kind of disturbing with souls
I don't believe the Honduran policy in this regard (as you have related it) differs from that of most locations in the US (It would be a state law matter, by the way). Unless the plot is paid for (or specific contractual provision provides otherwise), they will probably be legally entitled to refuse burial. If course they could cut some slack if they wanted to, but don't have to.
pastor1189
Apr 13, 2015, 09:02 AM
Thank you so much, your advice is appreciated
J_9
Apr 13, 2015, 11:01 AM
Bury it a paper's grave.
I think that is supposed to be pauper's grave.
AK lawyer
Apr 13, 2015, 11:16 AM
I think that is supposed to be pauper's grave.
Yes. Darn keyboard can't read my mind.