Can I transfer my deceased mom’s burial plot?

She dies 18 years ago. I am Executor of Will. Nothing in it states she has this plot. I have a sibling which she references in the Will. Can I transfer the plot without my sibling’s permission?

Asked on March 18, 2019 under Estate Planning, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Unless the plot is specifically left to your sister, she has no say over it, so you can transfer it without her permission. Note however that since burial plots have value, it is an asset of the estate: you cannot give it away for free but need to transfer it for its equivalent value (e.g. in cash, or an exchange for a different plot), since an executor may not simply give way the estate's assets; and any money you do receive needs to be distributed as per the instructions in the will for who receives money in or from the estate.


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