Planning ahead to avoid cemetery confusion
Q: If a man and wife die and are buried in two graves in a four-grave cemetery plot, which heirs will get to use the empty graves, assuming there is no mention of the plots in their wills?
A: Presumably, when one spouse dies, everything will be left to the surviving spouse. Later, when the surviving spouse dies, all property will be left to their children in equal shares (except that the share of a deceased child would be left to that child’s children). That’s typically how a married couple with several children would set things up in their wills.
In such a case, the spouses get the first two graves, and the other two would be owned by the children in equal shares. If a different disposition is provided for in the will of the surviving spouse, the two graves would be owned by the beneficiaries named in that spouse’s will.
It would then be up to the new co-owners to decide who gets to use the graves.
In most families, the two remaining graves would be made available to the first takers. Of course, this is not a contest you want to win.
However, if there’s any disharmony in the family, you can only imagine the sorts of disagreements that might occur over who gets to use the two spots.
It is important to note that some cemeteries might have different policies and rules, so the safest approach would be for the couple to address the situation before they pass away, or if they have already passed away, then the new co-owners should meet and discuss the options with the cemetery.
Q: My husband and I recently took our new Durable Power of Attorneys to two of our banks. We name each other and some out-oftown friends as agents. Both banks said we have to use their paperwork and have both primary agents sign in front of bank personnel during banking hours. This is nearly impossible for our friends.
A: If it’s nearly impossible for your friends to sign the banks’ forms, they might not be the best people to designate as successor agents. Your friends might have jobs and other commitments that prevent them from traveling freely for extended periods of time.
Even though they might be the people you trust the most, they might not be best-suited for the job.
What you are hearing from the banks in not uncommon. Many financial institutions have their own internal power of attorney forms. That’s the case even though Texas law requires banks and other businesses to accept the statutory form.
Banks need to be very careful. It can be costly to them (and you) if your money is misappropriated.
The information in this column is intended to provide a general understanding of the law, not legal advice. Readers with legal problems, including those whose questions are addressed here, should consult attorneys for advice on their particular circumstances. Ronald Lipman of the Houston law firm Lipman & Associates is board-certified in estate planning and probate law by the Texas Board of Legal Specialization. Email questions to stateyourcase@ lipmanpc.com.