[WSBAPT] Transfer of interment rights

[Mieko Shikuma]

I have a legal memo on this issue.
I will send it to you if you send me an email off list.

Best regards,

Ms. Mieko Shikuma
Shikuma Law Offices, PLLC

1833 N. 105th St suite 101
Seattle, WA 98133
206 853 1541
www.shikumalaw.com

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On Thu, Jun 4, 2015 at 12:59 PM, Lisa Schuchman <lisa at lisaschuchman.com>
wrote:

>  Hello, colleagues,
>
>
>
> I am working on a testate estate with five cemetery lots.  They are
> “interment rights,” not real property.  We are preparing to close the
> estate and asked the company about transferring, citing RCW 11.48.020.
>
>
>
> The response: “My understanding is that cemetery right or plot does not
> apply to the RCW you stated below because cemetery right or plot is not
> considered to be real or personal property.”
>
>
>
> Here is the section they cited from the Cemetery Rules & Regulations
> booklet.
>
> 25. If an Owner dies without having transferred unused Interment Rights
> either by a specific devise in the Owner's will or by a written direction
> furnished to the Cemetery, any such unused Interment Rights descend to the
> heirs at law of the Owner in accordance with the laws of descent and
> distribution of the state in which the Cemetery is located, subject to the
> Interment Rights of the deceased and his or her surviving spouse. Where
> such a transfer of ownership results in multiple Owners of any Interment
> Rights, each co-Owner shall have the right to be interred in any interment
> space of the co-Owners which has not been used at the time of that
> co-Owner's death, and the consent of the other co-Owners shall not be
> required for any such interment; however, no co-Owner may convey an
> Interment Right, or authorize the interment of anyone other than a
> co-Owner, without the consent of all other co-Owners of that Interment
> Right.
>
>
>
> In my case, “heirs at law” would include a couple of people no one has
> heard from in years.  The lots are reasonably valuable and the parents are
> in the next lots.
>
>
>
> They also cited RCW 68.32.040, which seems to provide that rights pass
> through intestacy even if there is a will.  Does anyone have any experience
> or insight for me?
>
>
>
> Lisa E. Schuchman
> 206-325-2801
> www.lisaschuchman.com
>
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