I have located a very old large burial plot in a desirable location of a prominent cemetery in Maryland that my Mom purchased in 1962. She passed in July 2012 and was interred elsewhere per her wishes. I am the executor/trustee and only child. I am looking to sell these plots. I have the deed, and contacted the cemetery. My question is: does this item get handled as a separate item from the Estate (it was not designated in will) but all other items is listed in it... that covers a lot. I am hoping to not have to keep the estate open until the sale, which could in fact take years. The cost of the plots was obviously much less then the value today. Could I if required to go into the estate use the valuation when she purchased (I have the backup to prove). I simply want to close out the estate ASAP!! Any help is appreciated. Thank you!

Yes they are part of the estate, they can just be given to the heir, then the heir sale them if they wish. If you have some need to close the estate.

Fr_Chuck... biggest wish to close the estate is obviously to settle everything as soon as possible. I am also working with a substantial trust to distribute per moms wishes. The Cemetery says that I, being the only child must sign all documents to transfer the deed to my name. If this is such then wouldn't the plots stay out of the whole Estate (probate) accounting process. The sooner the Estate can settle, the sooner we rid ourselves of IRS and Maryland tax assessments also. Also, the sooner the beneficiaries get what is due them. By the way, in the end after I can sell these plots... if I can... I will be giving the proceeds to my grandchildren. I just need to know if legally I can keep them out of probate also known as the Estate account. The new deed will be showing my name only as owner per the cemetery. Thanks again... BTW, very interesting blog!

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Originally Posted by EstateQuestions

Fr_Chuck...biggest wish to close the estate is obviously to settle everything as soon as possible. I am also working with a substantial trust to distribute per moms wishes. The Cemetery says that I, being the only child must sign all documents to transfer the deed to my name. If this is such then wouldn't the plots stay out of the whole Estate (probate) accounting process. The sooner the Estate can settle, the sooner we rid ourselves of IRS and Maryland tax assessments also. Also, the sooner the beneficiaries get what is due them. By the way, in the end after I can sell these plots...if I can...I will be giving the proceeds to my grandchildren. I just need to know if legally I can keep them out of probate also known as the Estate account. The new deed will be showing my name only as owner per the cemetery. Thanks again...BTW, very interesting blog!

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I cannot address Maryland. I can address NY, my experience and education. I had the same situation - the plot titled to my late husband at his death was deeded to me as his widow. Even though it was at that point held in my name the value of the plot was part of my late husband's estate and distributed according to his Will with the other assets.

It made little or no sense to me at the time, but that is what my Attorney advised, it didn't cost me or the estate any money, and at a time like that who feels like arguing.

Thank you once again... another follow-up for you. What did your attorney have you use for value of plot. I have evidence of the price paid. I know the estimated value if purchased today through the funeral home who sells exclusively for this cemetery. But I also know that even if I wait years I will not be able to sell these at the value estimated for today's worth. Perhaps not even half the value. I wish to close out the estate as soon as I can, distribute to the heirs, and rid everyone involved of the pressure placed by the attorneys to complete docs and reports. My attorney is good... but she has been laid to rest, it is time for us to reflect on her passing, not how long the attorneys can stay involved with the accounts. That is what it is starting to feel like. Since the day after she passed, I have jumped through hoops... I just need to close everything out and focus on her passing. Thank you again.

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Originally Posted by EstateQuestions

Thank you once again...another follow-up for you. What did your attorney have you use for value of plot. I have evidence of the price paid. I know the estimated value if purchased today through the funeral home who sells exclusively for this cemetery. But I also know that even if I wait years I will not be able to sell these at the value estimated for today's worth. Perhaps not even half the value. I wish to close out the estate as soon as I can, distribute to the heirs, and rid everyone involved of the pressure placed by the attorneys to complete docs and reports. My attorney is good...but she has been laid to rest, it is time for us to reflect on her passing, not how long the attorneys can stay involved with the accounts. That is what it is starting to feel like. Since the day after she passed, I have jumped through hoops...I just need to close everything out and focus on her passing. Thank you again.

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My stepdaughter is an Attorney in Maryland - I HOPE she's not the Attorney dragging her feet! And, yes, all I wanted to do was grieve, and I also seemed to spend a lot of time sorting through details (like the cemetery plot). The bad part is that someone passes, you work through the legal stuff so you're busy, busy, busy - and then the legal stuff is over and there you are. I had very delayed grief, for lack of a better phrase to describe it.

I did a lot of the footwork myself (I have legal training) so I got the value from the cemetery. I just went and looked at the paperwork and I have an letter from the cemetery stating the value based on plots sold within the year. It also has a "blurb" about single plots being difficult to sell - people want to be buried with relatives.

Some day I'd like to know why cemetery plots are transferred to an individual (which you cannot do with other assets) and then become part of the estate - it's both your experience and mine so it must be the "norm."

Did you ask the cemetery office about this? In Illinois, I had the same situation (four plots my granddparents had the deeds to). The cemetery office told me if the plots were not specifically listed in my grandparents' will, they are not part of the estate. I just had to prove I am the heir and get the plots redeeded in my name.

I am working with a local funeral home to sell them at a fair price. The cemetery office won't help because they still have unsold plots and will not buy these back.

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Originally Posted by Wondergirl

Did you ask the cemetery office about this? In Illinois, I had the same situation (four plots my granddparents had the deeds to). The cemetery office told me if the plots were not specifically listed in my grandparents' will, they are not part of the estate. I just had to prove I am the heir and get the plots redeeded in my name.

I am working with a local funeral home to sell them at a fair price. The cemetery office won't help because they still have unsold plots and will not buy these back.

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I don't understand this - you wouldn't specifically list an asset unless it was a specific bequest. Otherwise, it's part of the assets to be distributed upon death.

Let's see, you and I can be buried there. Now we need to find two more people...

I forgot to express my sympathy to OP - I am truly sorry for the death of your mother. Grief is a difficult thing.

Thanks JudyKayTee, many condolences on the loss of your husband. My attorney is definitely not your stepdaughter, it is a male. I have with the great assistance of my well educated wife done a lot of the investigating myself. Found accounts no one knew about that Mom had and obtained payouts for the estate and found money for beneficiaries. I am really trying to figure out how much dollar wise is listed as the asset for the plot.
I have every intention like you did of keeping all of the plots together 4 sites w/ burial rights for 8. I have no intention of splitting it up. I am however located in Maine, the Cemetery Plots are in Maryland where Mom was when she passed. Had we been in the same state, perhaps I could have done the whole thing without the lawyer... but I need a rep in the state. Thank you again for your kindness.

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Originally Posted by JudyKayTee

I don't understand this - you wouldn't specifically list an asset unless it was a specific bequest. Otherwise, it's part of the assets to be distributed upon death.

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The deeds sat in a strongbox for years. My grandparents died in 1959 and 1967, their heirs were my father (d. 1994) and uncle (d. 2002). I found the deed while cleaning out my uncle's house. And it went from there once I contacted the cemetery office as to the plots' current value, etc.

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Originally Posted by EstateQuestions

Had we been in the same state, perhaps I could have done the whole thing without the lawyer...but I need a rep in the state. Thank you again for your kindness.

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Yes, long distance can be a problem. I always think an Attorney familiar with Estate Law (and I am not) makes it fast and easy and can save you money in the long run.

Wondergirl, We did ask the cemetery about this? They sent a "huge" package of documents that needed to be completed and one notarized and sent back w/ $100.00 to change the deed to my name, just like it sounds happened with you. This cemetery is very helpful, but does not do buy backs... though they say over and over they wish they could because they are considered "prime real estate" for this cemetery. Scary sounding, but I do understand.
My concern is that once it is in my name, and I pay the $100.00 from my money, not the Estate account. Would this not be mine, and have nothing to do with the Estate of my late mom? I am the only heir. I will be selling them in time... but until then I want freedom from legal stuff!! Do I make any sense?? Thanks!

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Originally Posted by EstateQuestions

Wondergirl, We did ask the cemetery about this? They sent a "huge" package of documents that needed to be completed and one notarized and sent back w/ $100.00 to change the deed to my name, just like it sounds happened with you. This cemetery is very helpful, but does not do buy backs...though they say over and over they wish they could because they are considered "prime real estate" for this cemetery. Scary sounding, but I do understand.
My concern is that once it is in my name, and I pay the $100.00 from my money, not the Estate account. Would this not be mine, and have nothing to do with the Estate of my late mom? I am the only heir. I will be selling them in time...but until then I want freedom from legal stuff!!! Do I make any sense???? Thanks!

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These four plots (two deeds) were redeeded into one deed (listing the four plots) and put in my name by the cemetery office. I had to pay a total of $250 for the paper work and for a cemetery maintenance fee. The four plots are now mine (so Judy and I can lie next to each other until the Last Day -- be sure to bring snacks and drinks, Judy!).

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Originally Posted by Wondergirl

These four plots (two deeds) were redeeded into one deed (listing the four plots) and put in my name by the cemetery office. I had to pay a total of $250 for the paper work and for a cemetery maintenance fee. The four plots are now mine (so Judy and I can lie next to each other until the Last Day -- be sure to bring snacks and drinks, Judy!).

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Why do I always have to bring the snacks and drinks?

The paperwork in my case was charged to the estate - it really made little difference because I inherited the plot... but that's how the paperwork reads.

And to OP - yes, the last time I checked my stepdaughter was still female, although in this day and age nothing is a given!

P.S. I had to sign and have notarized an Affidavit of Heirship, produce all sorts of death certificates, my birth and marriage certificates, and pay the cemetery deeding/maintenance fees.

Thanks to both Judy and Wondergirl, your time and concern was greatly appreciated. Wondergirl, I can understand everything you had to produce as I am doing that right now. Judy, you are too funny... this day and age, nothing is a given! Thank you both again, and live each day to its fullest... it is so worth it, as we just don't know what the future might hold.

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Originally Posted by EstateQuestions

Thanks to both Judy and Wondergirl, your time and concern was greatly appreciated. Wondergirl, I can understand everything you had to produce as I am doing that right now. Judy, you are too funny...this day and age, nothing is a given! Thank you both again, and live each day to its fullest...it is so worth it, as we just don't know what the future might hold.

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Best wishes to you as you work this all out! I may try to sneak my cats' ashes into my two leftover plots next to Judy and me.

The plots are part of the probate accounting process, whether they are sold before or after the finalization.
OOps! Didn't see the many responses already..

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Originally Posted by joypulv

The plots are part of the probate accounting process, whether they are sold before or after the finalization.
OOps! Didn't see the many responses already..

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You are correct. I have read this thread and, to answer the OP, the plots should be distributed at their current value, not what the decedent paid for them. To value them according to the purchase price would actually be defrauding the heirs.

But keep in mind that what the cemetery says they are worth is not reliable either. It is in the business of selling them at a high price, not giving you an accurate appraisal.

Of one of the devisees wants them, give them to that person, at what you figure is a reasonable present value.

That would be the right thing to do.

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Originally Posted by AK lawyer

... But keep in mind that what the cemetery says they are worth is not reliable either. It is in the business of selling them at a high price, not giving you an accurate appraisal.

Of one of the devisees wants them, give them to that person, at what you figure is a reasonable present value.

That would be the right thing to do.

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In my case the Court did accept a letter from the cemetery - obviously it's not the same "all over."