Senior couple paid for cemetery plots 20 years ago — now someone else is buried there and they won’t get a refund. Is your prepaid plot at risk?

Although the couple found a buyer for their two plots, when they attempted to transfer ownership, they were notified that someone else had already been buried in them. The cemetery doesn't have any knowledge as to whose body is buried beneath that earth — or what has been buried there. But a metal probe indicated that someone or something is, indeed, in the Artigas' gravesite.

"There's no marker," Sue told Tampa's Channel 8 (1), where award-winning investigative reporter, Shannon Behnken, works to expose fraud. "I don't understand that part of it at all. How can you be buried in a cemetery and the cemetery not know who is in the grave?"

Sue added that she doesn't want to "cause anybody any trouble" and would "be happy to walk away" with either her money or new plots. Although the Artigas own rights to the plot, however, they were told that they can neither receive a refund nor alternative plots within the cemetery.

"If my husband or I were to die tomorrow, what would I do because somebody is already in my grave, and I don't have the money to buy another gravesite?" Sue asked Behnken. "I am going to be 80 years old in June; [James] will be 79 this month, and we're not getting any younger."

At the time of writing, Behnken has not reported that the cemetery has been able to help the Artigas find a resolution. She did, however, reach out to the City of Tampa, which purchased this section of Woodlawn Cemetery in 2023, on the couple's behalf. Behnken reported that the Parks and Recreation Department is allegedly looking into the situation in an effort to help. (1)

That said, the city admitted to Channel 8 that it needs "to be careful to protect taxpayers from being liable for decisions made during the more than 100 years [the] cemetery was privately run." While it can accommodate the Artigas with new plots for their use, selling those new plots for money to buy a gravesite elsewhere would add a layer of complexity. (1)

Even if Sue and James were to be provided with a refund, the $1,800 they'd get back for the plots purchased two decades ago likely wouldn't cover new plots. Today, the average cost of a burial plot in the United States costs about $2,600, according to Final Expense Benefits (2), an organization that helps families find "final expense solutions" like life and burial insurance coverage.

How to protect your plots — and prepare for other "final expenses"

The Artiga family's situation is a surprising one, but it's not an impossible one. In order to protect your plot, it's important to know your rights.

"When you buy a grave, you haven't actually bought a piece of property — you've bought the right to be buried in a particular space, whether a full-body grave, mausoleum crypt, or a niche for ashes," according to the Funeral Consumers Alliance (3).

A burial plot is considered specialized property. When you purchase one, you purchase the "right of interment," which means the right to either the below-ground or above-ground placement of remains, as well as the right to a memorial, according to The New York State of Opportunity's Division of Cemeteries (4). That makes you both a "lot owner" and a member of the cemetery corporation.

If a burial plot you purchased is either wrongly sold to you — or "stolen" from you — you have the right to challenge the sale and either demand compensation or a replacement site. Asserting ownership and pursuing a breach of contract claim against the cemetery are well within your rights.

Beyond the actual plot, you should also be aware of your rights regarding other expenses.

Unlike funeral homes, cemeteries are not legally required to give you a printed price list before you make purchases. (3)

Similarly, no federal regulations give you the right to buy only the services or merchandise you want — and only few states require cemeteries to provide you with a copy of any rules pertaining to allowable additions (think: markers, plants, decorations or even visiting hours) before the sale. This means that a cemetery may insist that you buy from them or impose inspection fees if you've indeed bought markers or other merchandise elsewhere. (3)

It's worth asking and avoiding doing business with funeral homes and cemeteries that won't cooperate — because, beyond the prices of the plot and marker, expenses like a casket, burial services, vaults and upkeep add up.

According to the National Funeral Directors Association (NFDA), the median cost of a funeral with a viewing and burial, nationally, in 2023 was $8,300. The median cost of a funeral with cremation was $6,280. But the median cost of a funeral with a casket and proper burial and a funeral with cremation (including an alternative cremation casket and urn) increased 5.8% and 8.1%, respectively, between 2021 and 2023 — and there are no signs of slowing. (5)

In fact, the cremation rate is expected to reach 82.3% by 2045, the NFDA reports. Cremation is expected to outpace burials by more than six to one by 2045, which is a ratio this country's deathcare industry has yet to see. (6)

More people are choosing cremation, largely because of the bigger costs tied to casket plots and burial services.

If you do choose to purchase a plot and be buried that way, here are some financial tips to keep in mind to make it more affordable.

Choose a plot — and a location — that fits into your long-term financial plan.

A single plot can cost anywhere between about $1,000 and $5,000, but a companion plot is likely to cost at least $3,000, and family plots start around $20,000, on average, according to Final Expense Benefits. (2)

Cremation plots can be more affordable (around a few hundred dollars, plus the cost of the urn), while crypts and mausoleums tend to be much pricier. Whatever type of plot you choose, local governments require burial permits for authorization. Usually, this is more or less an additional $30, and it is normally obtained by and included in the final bill from the funeral home. (2)

Preowned plots — sold by the original owners (like Sue and James) — may also be significantly discounted. You're likely to find better and better prices as cremation rates rise, plot demand decreases, and selling becomes more of a challenge for plot owners.

While many families prefer to be buried, at the very least, in the same cemetery, it's worth noting that the cemetery you choose can also be the difference between being buried beside family and being buried at all. A private cemetery plot can cost up to double the price of a comparable plot in a public cemetery. (2)

Private or public, prices vary across the country — and urban areas tend to cost more due to limited space. Final Expense Benefits offers a calculator tool to determine the average burial plot costs by state. (2)

Budget for burial services and site extras.

Basic headstones cost between $1,000 and $3,000, on average, depending on both the headstone's material and design. Custom-cut stones can easily exceed $10,000 — up there with the average cost of upright monuments. And add-ons like engravings, photographs, memorial plaques and vase holders up the final price. (2)

​​Many cemeteries also require a burial vault — the liner that protects the casket from sinking into the ground over time. According to the NFDA, a vault is likely close to an additional $2,000. (5)

Even after gravesite is set up — and any funeral services, from embalming and preparation to flower arrangements and transportation, have been paid — the costs can keep coming.