How Can Your Family Resell a Cemetery Plot? An Interview with Allan Hutty

Credit: Allan Hutty

Today, SevenPonds speaks with Allan Hutty, a Broker Associate (licensed “Cemetery Salesperson”) and Regional Manager at Cemetery Property Resales, located in the San Francisco Bay Area. His cemetery experience includes serving as Family Service Manager for Skylawn Funeral Home and Memorial Park in San Mateo, CA. Allan knows the ins and outs of the cemetery industry, and is currently part of one of the Bay Area’s largest cemetery property brokers.  Having helped many families to buy or sell cemetery properties, he speaks with us today about the options families have regarding cemetery plots, crypts or niches. Today, he speaks with us about what options families have regarding a cemetery plot and how they can plan ahead.

Christopher: What is Cemetery Property Resales?

Allan: Cemetery Property Resales is a cemetery property broker. We represent private sellers who owned the cemetery property and who are trying to find a buyer. We also help buyers find a cemetery plot, niche or a crypt, all of which are considered cemetery property.

Christopher: What if an adult child wants to scatter their parent’s ashes, but the parent has already bought a cemetery plot or property? What are their options?

Allan: The main way to look at this question is to ask, “What are the steps people take when someone dies?” The easy answer is to call the funeral home or cemetery that the parent had some property with. At that point, you will need to know who has the right to make these decisions, who has a right to sign them off and who is going to pay for their services. Depending on what state you reside in, you can either hire a cemetery property broker to help you resell the plot or mausoleum, or request the funeral home buy back the property.

We represent private sellers who owned the cemetery property and who are trying to find a buyer.

Regarding cremation, once you arrange to have their ashes sent home — well, it’s a private matter in your hands. The funeral home or cremation service must legally provide a “burial permit” with the home address the ashes will be sent or hand carried to. If you take the ashes somewhere and scatter them, this is your private matter.

Christopher: If a parent has a contract to be buried with a certain funeral home, can a child change this? Is it a state law issue?

Allan: I’m not an attorney, but I would say the funeral home tries to follow the wishes of their client. Let’s say a husband and wife are not getting along that well, but still live together. Well, if nothing’s formalized when one spouse goes to the funeral home, the surviving spouse who makes the final decision could say, “I don’t think we need a $10,000 casket. In fact, my spouse decided instead on a $300 cardboard box, so let’s change to that,” and no one can do anything about it. Sometimes decisions with the funeral home can be irrevocable and the family can’t change anything about the agreement.

Well, if nothing’s formalized when one spouse goes to the funeral home, the surviving spouse who makes the final decision could say, “I don’t think we need a $10,000 casket. In fact, my spouse decided instead on a $300 cardboard box, so let’s change to that,” and no one can do anything about it.

I don’t believe state laws are hard and fast about an individual’s contract with a funeral home, which is why it’s essential to talk about these things and inform all the family who are involved. State law will make sure, however, that the right designated person signs the interment order (signing an official order to where the body or urn will be placed), so you better key in everyone to know who could have the authority to sign the interment order or make arrangements with the funeral home. To determine this, there is a legal Kinship Chart and in the state of California a funeral home must provide a “Consumer Guide to Funeral and Cemetery Purchases” booklet stating the kinship order. Other states may have such a guide too. If not, go to the state authority, the consumer affairs of the state. They can also help to be sure your rights are not being blocked and are properly stated to you. Additionally a cemetery broker associate can offer advice, as can the Funeral Consumer Alliance to help verify your rights are observed. In the state of California some Catholic churches, or other religions cemeteries or mausoleum properties, and city-owned cemeteries will restrict outside sales brokers. They will only allow you to buy back the property at the original paid price.

It’s important to understand you do not actually own the property. You only have the right to inter or disinter, or memorialize, such as a marker or monument (headstone).

Allan’s 3 tips for people planning ahead for the end of life:

• Get your power of attorney and healthcare directive. Make sure your children have a copy of it.
• Make sure your end-of-life wishes are written down, up-to-date and in the right hands.
• Next time you see you children, let them know about any changes or updates. Make sure they have a clear idea of your wishes, since they will be the ones carrying them out.

Credit: Allan Hutty

Christopher: Could you describe how you help families through the process of selling cemetery property?

Allan: We’re more of an at-need business, which means that people come to us when someone is about to die or has died, so most people call the funeral home. After the funeral home handles the remains, the question is where the loved one should go next, and so they come to us.

I also let people know that cemeteries do not tell the public that brokers exist — which is a huge problem — and that cemeteries do not buy back unoccupied plots. Many cemeteries do not buy back cemetery property, preferring instead to sell their retail spaces, crypts, or niches. Brokers are required to disclose if a disinterment had occurred in an unoccupied plot, and a property must be unoccupied in order to go up for sale.

Brokers are like a secret society. We’re a secondary market. We help the appropriate family member determine if we can walk into the cemetery office to resell the plot or mausoleum. When we walk in, we must prove we have the right on behalf of the family member. This includes our being equipped with a list of necessary paperwork, of which most importantly, is that the family member we represent has the “agent post-death authority.” This is commonly found in a paragraph of a healthcare directive.

 Cemeteries don’t mention us because they want to sell retail. Brokers are like a secret society. We’re a secondary market.

Christopher: Could you imagine a better way for the primary and secondary markets to interact, maybe through some form of cooperation?

Allan: I advocate a bridge of the primary and secondary markets. The most diplomatic way to approach this is to say, “Hey, why don’t we do what’s best for the family?” When dealing with the primary market, I tell the family to ask the right questions. Often I have to help with language barriers — helping consumers understand the vocabulary of the cemetery industry — which is one way I try to build a bridge between primary and secondary markets. As someone in the secondary market, I can help the consumer navigate the primary market.

Christopher: Is there anything else you’d like our readers to know?

Allan: Since we often look at cemetery and funerals as an opportunistic business, I often find ways to say “No, you don’t have to buy from me.” I want to give people the knowledge that they can look around and find many other options. I’m based in the Bay Area, but I can also provide referrals for brokers in other cities, including Las Vegas.

Christopher: Thanks Allan!

Allan: Thank you too, Christopher.

More Interviews from “Professional Advice”:

• What is a green funeral? An Interview with Esmerelda Kent
• How Can We Open Conversations about Aging with our Elderly Parents?
• What is the ‘Simple’ Approach to Funeral Planning? An Interview with Poppy Mardall of Poppy’s Funerals