Sorry Junior, No Treasure Hunting Allowed
A provision in a will that directs an executor to bury a person with his or her favorite assets is not enforceable. In 1967, Eva Meksras executed a will directing her executor to deliver her diamonds, jewelry, and certain photographs to the funeral director to be buried with her remains. The executor did not follow this direction. Instead, the executor asked the Court for permission to sell the diamonds and jewelry. The executor wanted to distribute the proceeds of the sale to the beneficiaries.
The Philadelphia County Court of Common Pleas determined that this provision in the will was void because it violates public policy. The Court reasoned that the will is a public document; therefore, anyone could see that the will directed Ms. Meksras to be buried with expensive jewelry. This would promote grave robbing. Grave robbing goes against the public policy of honoring the dead and preserving the “[t]he inviolability of our cemeteries . . . .” The Court worried that many people would want to be buried with expensive items. “Our cemeteries like the tombs of the Pharoahs will be ravaged and violated.” The Court allowed the executor to sell the diamonds and jewelry rather than burying it with Ms. Meksras’ body.
This case is the only the opinion of one common pleas court; however, another legal policy supports this decision. Generally, the law does not like “waste.” Waste is a use that reduces the value of an asset in which another has an interest or a use that does not benefit anyone. For example, many court decisions state that a will cannot direct the destruction of an asset. This policy also supports the Court’s decision regarding the Meksras Will.
What does this mean for the average executor or administrator of an estate? If an executor or administrator buries valuable assets, a beneficiary could ask a court to remove the beneficiary for wasting or mismanaging assets. A beneficiary could also ask a court for a surcharge, essentially asking a court to make the executor or administrator to pay the estate for the value of the wasted asset.
Don’t get caught burying treasure. If a loved one dies, call the lawyers at Pepicelli, Youngs and Youngs PC to find out your rights and duties.