Sale of cemetery plot

[jerry_white]

Burial rights in a cemetery plot were acquired through Affidavit of Heirs (Owner died
intestate).

One of the heirs is now deceased. In order for the cemetery to sell the plot, they
require info. on deceased heir's spouse, children and grandchildren. They will
then create an additional Affidavit of Heirs.

Question: What is the legal disposition of the proceeds of this sale? 1) Equally
between living heirs and deceased heir's estate, or 2) Equally between living
heirs, deceased heir's spouse + children + grandchildren.

The cemetery is located in California.

Thank you.

 

[calalily]

Check (Google) the probate laws for California for heirs and inheritance statutes. You should find your answers there.

 

[jerry_white]

Thanks for replying. Actually, I've Googled Calif. Probate + Inheritance laws, but
was unable to obtain a definitive answer to my specific question...distribution of
proceeds as regards deceased heir.

 

[calalily]

Did the deceased heir have a will that may shed light on this matter?

 

[jerry_white]

There may or may not be a will involved, but that pertains to the deceased heir's
estate. I'm probably not explaining my quandary properly. Were all heirs(4) still alive,
the proceeds would be distributed equally among them. My question is: Are the
proceeds divided equally among the living heirs and the estate of the deceased heir,
or equally among the living heirs, the spouse, children(2), and grandchildren(1) of the deceased heir.

To put it in a more mercenary manner, is there a 4-way split or a 7-way split?

 

[calalily]

See if this other part helps at all. I can see why you are confused....
Calafornia PROBATE CODE
SECTION 6400-6414
6400. Any part of the estate of a decedent not effectively disposed
of by will passes to the decedent's heirs as prescribed in this
part.


6401. (a) As to community property, the intestate share of the
surviving spouse is the one-half of the community property that
belongs to the decedent under Section 100.
(b) As to quasi-community property, the intestate share of the
surviving spouse is the one-half of the quasi-community property that
belongs to the decedent under Section 101.
(c) As to separate property, the intestate share of the surviving
spouse or surviving domestic partner, as defined in subdivision (b)
of Section 37, is as follows:
(1) The entire intestate estate if the decedent did not leave any
surviving issue, parent, brother, sister, or issue of a deceased
brother or sister.
(2) One-half of the intestate estate in the following cases:
(A) Where the decedent leaves only one child or the issue of one
deceased child.
(B) Where the decedent leaves no issue but leaves a parent or
parents or their issue or the issue of either of them.
(3) One-third of the intestate estate in the following cases:
(A) Where the decedent leaves more than one child.
(B) Where the decedent leaves one child and the issue of one or
more deceased children.
(C) Where the decedent leaves issue of two or more deceased
children.

 

[jerry_white]

I appreciate your time and efforts on my behalf. Unfortunately, dead ends abound.
California law is quite clear on the disposition of property to heirs. The kicker is
that Burial Rights are not considered property, and consequently have their own
set of murky rules.

At this juncture, I believe my next step is to get the Cemetery's position on this matter.

Thanks again for your help.