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-   -   Cemetery Plot (https://www.askmehelpdesk.com/showthread.php?t=810450)

  • Apr 13, 2015, 05:28 AM
    pastor1189
    Cemetery Plot
    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
  • Apr 13, 2015, 06:06 AM
    AK lawyer
    It depends upon the terms of the contract to purchase the plot.
  • Apr 13, 2015, 06:25 AM
    pastor1189
    Thank you so much. This situation is in Honduras.
  • Apr 13, 2015, 06:40 AM
    J_9
    It would still depend on the terms of the contract.
  • Apr 13, 2015, 06:45 AM
    AK lawyer
    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.
  • Apr 13, 2015, 07:08 AM
    Fr_Chuck
    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.
  • Apr 13, 2015, 07:16 AM
    AK lawyer
    Quote:

    Originally Posted by Fr_Chuck View Post
    ... 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. :)
  • Apr 13, 2015, 07:46 AM
    pastor1189
    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?
  • Apr 13, 2015, 07:54 AM
    AK lawyer
    Quote:

    Originally Posted by pastor1189 View Post
    ... 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.
  • Apr 13, 2015, 08:20 AM
    pastor1189
    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
  • Apr 13, 2015, 08:46 AM
    AK lawyer
    Quote:

    Originally Posted by pastor1189 View Post
    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.
  • Apr 13, 2015, 09:02 AM
    pastor1189
    Thank you so much, your advice is appreciated
  • Apr 13, 2015, 11:01 AM
    J_9
    Quote:

    Originally Posted by AK lawyer View Post
    Bury it a paper's grave.

    I think that is supposed to be pauper's grave.
  • Apr 13, 2015, 11:16 AM
    AK lawyer
    Quote:

    Originally Posted by J_9 View Post
    I think that is supposed to be pauper's grave.

    Yes. Darn keyboard can't read my mind.

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