burial plots at a peaceful cemetary

Milford Will and Trust Lawyers: Why Burial Plots Don't Need to Be Included in Your Living Trust

  • By Steven Rubin
  • |
  • Posted May 11, 2023

Estate planning involves careful consideration of your assets and how they'll be managed upon passing. One common question is whether a burial plot should be included in a living trust. Our Milford will and trust lawyers will explain why burial plots don't necessarily need to be included in your trust and discuss the unique nature of their ownership and transfer. Our top Milford, CT trust lawyers provide trust administration services.

Understanding Burial Plot Ownership

Unlike traditional real estate, the purchaser does not own burial plots outright. Instead, the cemetery maintains ownership of the land, while the plot holder acquires the right to use the space for burial purposes. This distinction means that burial plots are not considered part of your estate and therefore do not need to be included in your living trust.

The Role of the Cemetery in Burial Plot Disposition

Since the cemetery retains ownership of the land, it's essential to consult with them regarding the disposition of your burial plot upon your passing. Cemeteries typically have forms and procedures that allow you to designate what will happen to your burial plot after your death. This could involve transferring the rights to a family member, donating the plot to the cemetery, or specifying other arrangements per your wishes. We provide will and trust planning services in Milford, CT, and beyond.

Advantages of Excluding Burial Plots from Living Trusts

There are several benefits to keeping your burial plot separate from your living trust:

  • Simplicity: By not including the burial plot in your trust, you avoid adding unnecessary complexity to your estate plan. This streamlines the administration process for your loved ones.
  • Flexibility: Since the cemetery handles the disposition of your burial plot, it's easier to make changes or updates directly with them rather than amending your trust.
  • Reduced legal complications: Excluding the burial plot from your trust helps to minimize potential legal disputes, as the cemetery's policies and procedures will govern the transfer of the burial rights.

Contact our Milford Will and Trust Lawyers

While burial plots don't need to be included in your living trust, having a comprehensive estate plan is still crucial. Our Milford will and trust lawyers can help you create a plan that addresses your unique needs and circumstances, ensuring your assets are protected and distributed according to your wishes.

Contact our will and trust planning lawyers in Milford and Hartford, Connecticut. at 203-877-7511 to schedule a consultation.