Further, upon the passing of the next of kin, the owner of the burial rights pass the same way, in stripes, to their next of kin. (Most Wills are silent as to burial rights, as the drafter of the Wills rarely think to address the matter). If the decedent has a Will, the Will by devise may designate some other owner of the burial right inheritance. Upon the death of the initial owner of the burial right, if no Will (intestate), the burial right passes in common to be jointly owned by the decedent’s first tier next of kin. The owner of the burial right, initially, is who is declared as the owner upon purchase, and recorded as such in the cemetery’s records.
This is a good question: the subject of many lawsuits and considerable confusion, even amongst the legal community.
