What are my Rights as to Grave Lots?

[ButchieT]

What is the name of your state (only U.S. law)? Indiana
My ex husband recently passed away and his current wife is demanding both grave lots per a divorce decree that she was instrumental in writing. The decree reads as follows:
"Husband will be responsible for the pre-arrangement with the cemetery. This includes the set of burial lots owned by husband and wife. Husband and wife agree that should anything happen to either one of them, the other will use it toward the burial payments at the cemetery.

What does this mean and do I legally have to give up both lots?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Indiana
My ex husband recently passed away and his current wife is demanding both grave lots per a divorce decree that she was instrumental in writing. The decree reads as follows:
"Husband will be responsible for the pre-arrangement with the cemetery. This includes the set of burial lots owned by husband and wife. Husband and wife agree that should anything happen to either one of them, the other will use it toward the burial payments at the cemetery.

What does this mean and do I legally have to give up both lots?

Probably so. I mean, the decree DOES refer to the wife and NOT the EX-WIFE, which you are.

 

[Ohiogal]

Probably so. I mean, the decree DOES refer to the wife and NOT the EX-WIFE, which you are.

At the time of the divorce decree being written she was the wife.

 

[single317dad]

What is the name of your state (only U.S. law)? Indiana
Husband and wife agree that should anything happen to either one of them, the other will use it toward the burial payments at the cemetery.

That's terribly vague. Should anything happen to them? Things are always happening. I'd petition the court for clarification.

You might be able to come to a settlement with the new wife to sell her the site (though that would assume you can at some point agree that it is indeed yours to sell.) Why would you want to be buried next to him?

If you don't get this clarified somehow, it may end up coming down to who dies first. Have you contacted the managers of the cemetery? Who do they say owns the plot?

 

[OHRoadwarrior]

Your honor, the claim is so vague as to be unenforceable. It appears clear the intent was for husband to pay off the lots and one lot to be used by each party. If she wants to buried next to him, she can buy it off me.

 

[Proserpina]

That's terribly vague. Should anything happen to them? Things are always happening. I'd petition the court for clarification.

You might be able to come to a settlement with the new wife to sell her the site (though that would assume you can at some point agree that it is indeed yours to sell.) Why would you want to be buried next to him?

If you don't get this clarified somehow, it may end up coming down to who dies first. Have you contacted the managers of the cemetery? Who do they say owns the plot?

I'm asking the same question re: why OP would want to be next to the ex.

 

[OHRoadwarrior]

I'm asking the same question re: why OP would want to be next to the ex.

Revenge is a dish best served cold. Haven't you heard?