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— Ownership Guidelines
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Information Concerning Ownership Rights
of
Lot Owners in The Woodlawn Cemetery
[
Ownership ] [ Interments
] [ Heirship ] [ Maintenance
] [ Sale of Lots ]
The Woodlawn Cemetery was organized as a rural cemetery
corporation in 1863. Woodlawn is a quasi public cemetery which since
its incorporation has conveyed title to the use of lots and graves to
the public for the purpose of burial of the human dead. Its other activities
include the opening of graves for interments, the care and maintenance
of graves, the installation of foundations for memorials and other related
matters. It is non-sectarian open to all faiths and operates on a non-profit
basis in the public interest. The statutory law regulating its operation
is found in the New York State Not-for-Profit Corporation Law Section
1500 (N-PCL) which vests jurisdiction in a Cemetery Board consisting
of the Secretary of State as Chairperson, the Attorney General, and
the Commissioner of Health. The Division of Cemeteries administers the
Law. Most aspects of the Cemetery, such as its Rules and Regulations
and charges for services provided or any increases thereof rendered
to lot owners, are subject to approval by the State Cemetery Board.
Lot prices are set by Woodlawn and are posted and filed with the Division
of Cemeteries.
Many Lot Owners have requested a summary of their rights
of ownership to burial rights in Woodlawn. Your rights are protected
by the New York State Not-for-Profit Corporation ("N-PCL").
The following questions and answers should be helpful in this regard:
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OWNERSHIP
1. Q. When I purchase a lot, single grave, crypt or
niche, will I own the real property?
A. No. Cemetery property is owned by the cemetery
corporation. The real property is not sold. The lot "owner"
receives three privileges: the right of burial, the right to memorialized
and the right to vote at lot owner meetings.
2. Q. What will I receive as a record of this purchase?
A. Once the contract is paid in full, you will receive
a Certificate of Ownership for the burial right purchase. This sometimes
is referred to as a deed and some Certificates issues will have this
title.
3. Q. Are multiple Certificates issued to multiple owners?
A. No. Only one Certificate is issued and at the
time of purchase, the owner must provide us with the primary contact
persons name and address.
4. Q. If I buy a lot, single grave, crypt or niche in
the Cemetery, must I be the sole owner or may I own it with others?
A. You may own it as an individual, or you may share
the ownership with others, depending on which course seems best for
you and your family.
You and your co-owner (s) may be either:
(1) tenants in common, or (2) joint tenants, or (3) tenants by the
entirety.
5. Q. What are "tenants in common?"
A. Each person who shares ownership of the property
as a "tenant in common" is entitled to all the rights and
privileges of an individual owner. So long as graves are available,
each co-owner is entitled to be buried there and each may bury his
wife (or husband), his children and his parents there. The owners
may designate others for burial, but in such a case all owners, and
the husband and wives of deceased owners, must sign the designation
forms.
6. Q. What happens when one of the "tenants in
common" dies?
A. That person's descendants will inherit his/her
interest in the same manner as an individual owner. Suppose for example
that you and a brother buy as "tenants in common." If you
inherit a lot with others, you are also a "tenant in common."
Your brother dies and his two children inherit his share. There are
now three owners - you and the two children, each with all the rights
of a co-owner.
7. Q. How do "joint tenants" differ from "tenants
in common"?
A. During your lifetime "joint tenants"
have all the rights of "tenants in common," but if one joint
tenant dies, title passes automatically to the surviving "joint
tenants." Suppose,for example, that you
and your brother buy burial rights in a mausoleum or lot as "joint
tenants." If your brother dies he can of course be buried there.
His wife may be buried there too. His descendants, however, will have
no rights to be interred there by Will or otherwise. You become the
owner and your descendants will inherit use of the burial rights in
the lot.
8. Q. What are "tenants by the entirety?"
A. This is a form of joint tenancy. It applies only
when a husband and wife purchase property in both names. On the death
of one, the other becomes sole owner.
9. Q. When several persons share in the ownership and
possession, care and control of burial property, who makes decisions
regarding the lot?
A. All such co-owners must share in such decisions
and the Cemetery will require signed consents of all co-owners approving
important decisions concerning the lot.
Woodlawn urges such persons to select one of their
number to represent the group and will provide a form to allow one
owner to deal with the Cemetery. If this is not done, the Cemetery
may designate such a representative as provided in N-PCL § 1512
(e)(2). Upon the death or disability of such lot representative, all
surviving co-owners must redesignate and appoint one of them to represent
the lot.
10. Q. May a co-owner release his or her interest in
a lot?
A. Yes. A co-owner may release his or her interest
but only to all of the other joint or co-owners. A co-owner may not
release his or her interest to a third party.
11. Q. May a surviving husband or wife who has a right
of interment in a lot that was owned by his or her deceased husband
or wife release his or her right of the lot?
A. Yes.
12. Q. May an owner convey by affirmation or devise
by Will his right and title in and to any lot, plot or part thereof
to the Cemetery?
A. Yes. Although for this to be recognized, a copy
of the Probated Will must be provided to the Cemetery.
13. Q. What happens if we move?
A. It is very important that you notify us of any
change of address so we may assure that you receive any important
information we may mail out.
14. Q. If a wife and husband are separated and own a
lot together, do they still share equal ownership rights?
A. Until or unless one or the other releases his or
her rights, either by Divorce Decree or with the Cemetery's form,
they will share the ownership rights.
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INTERMENTS
15. Q. Who may authorize a burial in a lot or crypt?
A. If the deceased is an owner, anyone can sign. If
the deceased is a non-owner, all existing owners must sign. If the
deceased is a spouse of an owner, anyone can sign. If the deceased
is listed on a designation form, anyone can sing. As this can be somewhat
confusing, at the time of any interment, we will assist the family
with this issue.
16. Q. If I am the sole owner, who besides myself, has
the right to be interred?
A. Your husband or wife, your children and your parents
have the right to be buried there during your lifetime, unless you
file an objection in writing with the Cemetery 30 days before the
death of any such husband, wife, child or parent. After your death,
your husband or wife will continue to have this right, except where
all available space has been previously designated by you for the
burial of others.
17. Q. If I am separated from my wife (or husband) would
she (or he) still have the right to be buried in my lot?
A. Yes, unless you file a written objection with the
Cemetery at least 30 days before the death of such a person.
18. Q. In addition to my surviving spouse, children,
and my parents, may anyone else be interred in the lot?
A. Yes. You may designate persons or classes of persons
- such as members of a church or other organization - who may be interred
there during your lifetime or after your death. In making such a Designation
you may make it Revocable during your lifetime, or you may make it
Non-revocable. The Cemetery will prepare or provide the necessary
forms, which to be effective must be singed by all parts and filed
with the Cemetery with a moderate filing fee.
19. Q. May I change the names of persons I have previously
designated for burial?
A. Yes, but only if your designation is Revocable.
If the designation is Non-revocable you may do so only if all the
designated persons or class of persons have died and are interred
elsewhere, or have renounced the right of interment by an instrument
acceptable to the Cemetery.
20. Q. How old does an owner or co-owner of a lot have
to be to legally sign a Grave Designation?
A. Age 18 or over. If such co-owner is under the age
of 18, the Grave Designation may be executed and acknowledged by the
parent or general or testamentary guardian on behalf of the minor.
However, a place of interment must remain available in the lot of
each owner or co-owner under the age of 18 years.
21. Q. May a body interred in a lot or crypt in a cemetery
be removed?
A. Yes, but only by following strict requirements.
The Cemetery has a special form of consent that must be executed by
the owners of the lot, the surviving wife, husband,
children, if of full age, and parents of the deceased person (if living).
If the consent of any such person cannot be obtained, permission by
the Bronx County or New York Supreme Court must be obtained by the
person requesting removal at his or her expense. The Cemetery must
also consent to the removal.
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HEIRSHIP
22. Q. When I die, who will inherit my lot or mausoleum
crypts?
A. If you die without leaving a Will, or without specifically
mentioning in your Will the persons whom you wish to inherit your
cemetery lot, it will be automatically inherited in equal shares by
your descendants, who are defined as "living children and children
of the lot owner's deceased children at the time of lot owner's death."
If there is only one descendant, he or she becomes the sole owner.
If there is more than one descendant, they become equal co-owners.
A residuary clause in a Will to certain persons will not legally devise
your Cemetery Lot to them. Your husband or wife will still have the
absolute right to be interred and so will anyone else for whom you
may have filed a Non-revocable Designation; or filed a Revocable Designation
which you have not changed or revoked during your lifetime. Any such
Revocable Designation becomes Non-revocable upon the Lot Owner's death.
23. Q. Suppose I leave no surviving descendants?
A. Then your husband or wife, if living, will inherit
the property as sole owner. If you leave no descendants, or husband
or wife, your next of kin, who would be your heirs at law, will inherit
it.
24. Q. Should I name the people who should inherit my
burial property when I make my Will?
A. That is a personal preference and usually done
only if you do not wish your descendants to become the owners. You
must specifically name these persons in your Will. A certified copy
of such a Will must be filed in the office at Woodlawn.
25. Q. May a co-owner devise or release his or her interest
in a lot by Will?
A. Yes, but only to those persons specifically named
as devisee of the lot. A joint owner may also release his or her interest
in the lot to other joint owners by Will and the Will may specify
pertinent conditions. A certified copy of such a Will must be filed
in the office at Woodlawn.
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MAINTENANCE
26. Q. When I buy the right of burial in a cemetery
lot in Woodlawn, will it be maintained and preserved by the Cemetery
with no additional charge?
A. Yes. Woodlawn is required to provide all lots with
the general care necessary to maintain and preserve the Cemetery without
charge, if within its financial means. Since 1949, the Cemetery has
been required to deposit not less than ten (10%) percent of the gross
proceeds of any sale into a fund known as the "Permanent Care
Fund," (a trust fund established by statute) and the income is
used to preserve the Cemetery, including all of its lots. Since July
1, 1992 Woodlawn has voluntarily increased its deposit into the Permanent
Care Fund to fifteen (15%) percent.
27. Q. May a lot owner contract with the Cemetery to
provide special care for his or her lot?
A. Yes. Lot Owners who desire to invest in a higher
level of special care for their Lot may contract with the Cemetery
for annual or endowed care. Contracting with the Cemetery for annual
or endowed care does not guarantee the continued health of the plants
and sod receiving such care, nor does it entitle the lot owner to
their replacement in the event they deteriorate from natural causes
or are damaged or destroyed by the weather.
28. Q. May a cemetery refuse to contract for care of
part of a lot?
A. Yes. When the part is not readily distinguishable
or when partial care is not practicable.
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SALE OF
LOTS
29. Q. May I sell my lot or crypt?
A. You may sell it, provided no burials have been
made in the lot or crypt. If burials have been made, the lot or crypt
may not be sold unless all bodies have been legally removed.
30. Q. How may I sell my lot or crypt?
A. If you wish to sell, you must first offer the lot
or crypt to the Cemetery. The Cemetery is under no obligation to repurchase
such lot or crypt, but may buy it at the price you paid for it plus
simple interest at four (4%) percent a year for each year you have
owned the lot or crypt, or the Cemetery may offer you a lower price.
If the lower price is not satisfactory, you may ask the approval of
the State Cemetery Board to sell it to others. The Cemetery will assist
you to obtain this approval.
Please note that you may not divide your lot or crypt
for the purpose of sale, or for other purposes.
31. Q. May the Cemetery pay or offer to pay to a party
not employed by the Cemetery, a commission, bonus, rebate of other thing
of value for or in connection with the sale of any lot, single grave,
crypt or niche or any other cemetery services?
A. No. This is unlawful and is a misdemeanor.
32. Q. May the Cemetery, in special cases, enlarge a
lot by selling to the owner the access space next to the lot and permitting
interments therein?
A. Yes, provided reasonable access to the lot and
adjoining lots is not eliminated and the approval of the New York
Cemetery Board is first obtained.
33. Q. Are prospective purchasers entitled to copies
of the Rules and Regulations of Woodlawn?
A. Yes. A. copy of the Rules and Regulations of Woodlawn
or copies are delivered to the prospective purchaser at the time of
delivery of the contract and upon receipt of the Certification of
Ownership.
34. Q. May a lot be purchased by the executor or administrator
of a decedent from estate funds for the burial of the descendent?
A. Yes.
35. Q. Does Woodlawn sell monuments?
A. No. New York State Cemetery Board Directive 201.5
prohibits cemeteries to sell monuments or be affiliated with any company
which sells monuments.
36. Q. Does Woodlawn sell funerals?
A. No. New York Law prohibits cemeteries from engaging
in funeral practices or marketing with a funeral home.
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