It is that easement, known as a ‘burial right’, that passes with time to other family members. What families purchase when they buy a cemetery lot, is an easement of use, subject to the cemetery’s rules, for burial purposes. The cemetery continues to own the ground by fee simple, and has the right under law to establish rules and regulations for its operations. As in all commonly owned real property, all owners must agree, or the matter goes to Court to decide.Īnother point that many do not understand is that a burial right by law is an easement, whose ‘use’ is for burial purposes. Many issues arise as all of the co-owners of one or more graves, try to agree on its monument, decorations, resale, further interment use, etc. The courts have given deference to the wishes of the spouse in all matters pertaining to the grave, over that of the children. The result of these probate laws, is that if a person dies intestate, the spouse gets a one half interest in the burial rights and the children also get a one half interest in the burial rights. Kentucky attempted to correct this issue by creating a marital law that gives one half to the spouse, and the remainder of the decedent’s estate to the children or next of kin. Commonly in this industry, a friend or other family member will buy a grave or permit its use by another, whereupon the next of kin then assume say for the grave after burial.īy Kentucky law the next of kin is first to the children of the deceased, and not to the spouse.
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Under Kentucky law, once someone is buried in the grave, it is the deceased next of kin, and not the owner of record, that controls what happens or not with the grave. Further, upon the passing of the next of kin, the owner of the burial rights pass the same way, in stripes, to their next of kin.
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(Most Wills are silent as to burial rights, as the drafter of the Wills rarely think to address the matter). If the decedent has a Will, the Will by devise may designate some other owner of the burial right inheritance. Upon the death of the initial owner of the burial right, if no Will (intestate), the burial right passes in common to be jointly owned by the decedent’s first tier next of kin. The owner of the burial right, initially, is who is declared as the owner upon purchase, and recorded as such in the cemetery’s records. He’s a new breed of golfer who embodies Mercedes-Benz values both on and off the course – the best or nothing.This is a good question: the subject of many lawsuits and considerable confusion, even amongst the legal community. He has had such a great year, and we believe that he will be a valuable asset to the Mercedes-Benz golf. Mercedes-Benz Global Marketing Director, Lüder Fromm, commented: “I’m delighted to welcome Adam Scott to the Mercedes-Benz family – our values of fascination, perfection and responsibility fit perfectly with Adam’s own principles.
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Its motorsport activities are a given, but its sponsorship of Fashion Weeks across the world are fantastic.” Scott continued: “It’s great to be part of a brand that is extensively engaged not only in the world of golf but also other platforms that fit so well with my personal interests. Its involvement also impacts the amateur game with The MercedesTrophy, a tournament in its 22nd year, which attracts 60,000 amateur golfers from over 60 countries annually.” The company is a huge supporter of the sport around the globe, partnering three major tournaments The Masters, The Open Championship and The PGA Championship as international automobile partner. Scott commented: “It’s a real honour to be involved with Mercedes-Benz – a brand with a reputation which is second to none, and whose values mirror those of golf.
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The association with Mercedes-Benz will begin in January 2012, and will entail global TV advertising, global print advertising, international PR and social media. The Australian is currently ranked 9th in the Official World Golf Rankings. He also triumphed at the 2011 WGC-Bridgestone Invitational, earning him his first career World Golf Championship. The 31 year-old Australian has had a hugely successful year, including his best finish at a Major championship when he finished tied for second place at The Masters in Augusta.
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Mercedes-Benz is delighted to announce the appointment of Australian professional golfer, Adam Scott, as its new international golf brand ambassador.