Page 28 - Senior Link Magazine Spring 2026 - Online Magazine

SENIOR RESOURCES

GLAD you asked:

by Lee Franks

Senior Link Magazine asked our readers to pose specific legal questions to our eldercare expert,
Mr. Lee Franks. This is the second installment in his knowledgeable responses.

The questions and responses presented are at play, or some other reason estate and can be bought and sold,
here are for informational and that would cause the provider to and others appear to be treated as
entertainment purposes and do not modify or transfer the contract. personal property where the right
constitute legal or financial advice to be buried in a particular spot
to anyone. A healthy portion of the In the few cases for which I have is purchased from the cemetery
content consists of little more than direct knowledge, the families have owner, and it may be transferable
the musings of someone with a law not had much difficulty getting as well.
degree whose practice often includes the contract transferred. That
tangential exposure to the topics. If said, many of these contracts are If a preneed contract includes a
something I say piques your interest irrevocable, so I would imagine that real or personal interest in a lot, I
or appears to apply to a particular refunds generally are not available. suspect you may not be required
problem or subject pertinent to you, I If you have a spot at a certain to use it, but whether you can
suggest you seek appropriate counsel. cemetery, do you have to use that exchange that interest for other
Anyone reading and, I hope, enjoying lot? services would depend on the
the content should understand that I do contract provisions. Even so, a
not represent you unless we have met, As a practical matter, nothing I refund for the value of the interest
and I have agreed to represent you in a know of requires an individual to may not be on the table, but maybe
given matter. be buried in a specific lot. I think you could sell that interest to
how or whether you use the lot someone else.
Are you bound to the funeral depends on the nature of
home that your loved ones your ownership interest
established services with?
in it. I understand that
I am not at all an expert in this some cemeteries are
area, but I assume that the question managed by associations
refers to whether a preneed funeral which would have rules
contract with a particular funeral and bylaws governing
services provider is transportable. the lots, some appear
First off, I would look to the text to be owned by cities
of the contract agreement to see or counties and would
whether it contains provisions be managed and
regarding the transfer of the controlled by the given
contract to another provider. city or county rules and
Second, even if the agreement regulations, and others
itself does not address the issue, appear to be owned
the contracting provider might by a particular funeral
be amenable to altering the terms home which would rely
of the agreement if it is in their on its own rules and
interest to do so, for example, regulations.
whether a financial incentive is an In any event, some
offer, reputational considerations
lots are treated as real

28 Lubbock Senior Link