Who owns my parent's cemetery plots?
2 attorney answers
Section 2514(14) of the Pennsylvania laws dealing with Wills (20 PaCS 2514(14) ) has a specific provision regarding cemetery plots. If they are not specifically mentioned in the Will, they pass according to Pennsylvania's intestacy laws found at 20 Pa. C.S. 2101 et seq. rather than according to any terms of any Will.
The law states:
(14) Cemetery lot.--If in a will no express disposition or other mention is made of a cemetery lot owned by the testator at his decease and wherein he or any member of his family is buried, the ownership of the lot shall not pass from his lawful heirs by a residuary or other general clause of the will but shall descend to his heirs as if he had died intestate.
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If the wills aren't specifically mentioned in the will, and the deeds weren't changed or gifted, they are likely part of the estate and will be inherited just like any other asset. Make sure to read the deeds to the plots before you do anything.
My condolences on your losses.
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