EXHIBIT A
DECEDENT’S NEXT OF KIN
1. This section is intended to assist families to understand their legal rights under the laws of Kentucky; however, because the laws are subject to change, construction of wills may be subject to interpretation, and the Cemetery is not a provider of legal services to the public, the Cemetery hereby disclaims the advice in this section and refers the families to outside legal counsel for a binding opinion.
2. The decedent’s next of kin has the exclusive right to speak with authority on matters involving maintenance, disturbance or desecration of the decedent’s burial space, its monument, wrongful burial, and disinterment.
3. The next of kin for purposes of this section ONLY is the following in descending order;
a. To the husband or wife of the decedent, the surviving spouse, the courts have given a “paramount right” to act and decide most matters relative to the rights of the interred; if there is none surviving, then
b. To his children and their descendants; if there are none, then
c. To his father and mother, if both are living, one (1) moiety each; but if the father is dead, the mother, if living, shall take the whole estate; if the mother is dead, the whole estate shall pass to the father; if there is no father or mother, then
d. To his brothers and sisters and their descendants; if there are none, then
e. One (1) moiety of the estate shall pass to the paternal and the other to the maternal kindred, in the following order:
(a) The grandfather and grandmother equally, if both are living; but if one is dead, the entire moiety shall go to the survivor; if there is no grandfather or grandmother, then
(b) To the uncles and aunts and their descendants; if there are none, then
(c) To the great-grandfathers and great-grandmothers, in the same manner prescribed for grandfather and grandmother by subsection (a); if there are none, then
(d) To the brothers and sisters of the grandfathers and grandmothers and their descendants; and so on in other cases without end, passing to the nearest lineal ancestors and their descendants.
f. If there is no such kindred to one of the parents as is described in subsection (e), the whole to go to the kindred of the other. If there is neither paternal nor maternal kindred, the whole shall go to the kindred of the husband or wife, as if he or she had survived the intestate and died entitled to the estate.
4. The burden of proof of who is the next of kin is on the person wanting to assert it.
5. Notwithstanding the above, a designee on the Funeral Declaration Form, pursuant to statute, may have superior rights over the next of kin to implement the burial wishes of the decedent.
SUCCESSION
Intestate (no will)
1. Dower Right: a dower interest consisting of one-half the marital interest in all real property owned at the time of death of the interred, which includes a Cemetery burial right immediately passes to the surviving spouse, if any. KRS 392.020.
2. The remainder of the burial rights in joint Ownership if there be a dower right interest or if there be no dower interest, then the entirety of the burial rights shall immediately pass upon death to the Next of Kin.
3. Next of Kin Succession Rights: The next of kin for purposes of this section ONLY is the following in descending order §KRS 391.010;
a. To his children and their descendants; if there are none, then
b. To his father and mother, if both are living, one (1) moiety each; but if the father is dead, the mother, if living, shall take the whole estate; if the mother is dead, the whole estate shall pass to the father; if there is no father or mother, then
c. To his brothers and sisters and their descendants; if there are none, then
d. To the husband or wife of the decedent; if there is none surviving, then
e. One (1) moiety of the estate shall pass to the paternal and the other to the maternal kindred, in the following order:
(a) The grandfather and grandmother equally, if both are living; but if one is dead, the entire moiety shall go to the survivor; if there is no grandfather or grandmother, then
(b) To the uncles and aunts and their descendants; if there are none, then
(c) To the great-grandfathers and great-grandmothers, in the same manner prescribed for grandfather and grandmother by subsection (a); if there are none, then
(d) To the brothers and sisters of the grandfathers and grandmothers and their descendants; and so on in other cases without end, passing to the nearest lineal ancestors and their descendants.
f. If there is no such kindred to one of the parents as is described in subsection (e), the whole to go to the kindred of the other. If there is neither paternal nor maternal kindred, the whole shall go to the kindred of the husband or wife, as if he or she had survived the intestate and died entitled to the estate.
4. The burden of proof of who is the rightful Owner is on the person wanting to assert it.
5. It is the duty of the rightful Owner(s) to provide notice to the Cemetery for its approval and records keeping of a change in Ownership by sale or succession of rights.
Testate (under a Will)
1. A specific gift or devise of burial rights shall properly pass to anyone by express statement of a Will.
2. In KY a general devise of a remainder of an estate often found in the closing of a will does NOT convey burial rights unless it mentions real property.
3. Burial rights immediately pass by intestacy outside of the will unless specifically mentioned in the Will or the general devise specially mentions real property.
4. It is the duty of the rightful Owner(s) to provide notice to the Cemetery for its approval and records keeping of a change in Ownership by sale or succession of rights.
5. Under property law, a right of property must be in writing. Without a writing, there is no transfer of property right, whether dealing with the initial sale or a subsequent transfer of the burial right to another (except in probate when transfer is often a matter of law).
6. A burial right is nondefeasible, however, multiple burial rights may be divided between the heirs by express agreement of the heirs.
