Home     Law Advice     Insurance Advice     Community    
Probate and Personal Representatives : Includes Executors, Court Appointed Guardian of a Minor's Estate, Administrators in Deaths Without a Will, Intestate Distribution, etc.
Go Back   FreeAdvice Legal Forum > WILLS & TRUSTS > Probate and Personal Representatives

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 10-13-2009, 05:56 PM
Junior Member
 
Join Date: Oct 2009
Posts: 2
Post

Reasking question about burial plots


What is the name of your state (only U.S. law)? Michigan.

In 1999 my husbands father passed away and was cremated. His widow, my husbands stepmother was left everything in his will. In 2007, my husband and I went to seek out obtaining some burial plots in the town we grew up in. We were informed that there were still plots in his Grandfather's name that had never been transferred. We were told because they had never been transferred that we could do so. We knew that the last living sibling had passed after his father and family was living in Arizona with no intentions of moving back to Michigan. We proceeded to pay the transfer fee and had them put in our name and his daughter's. This year, 2009, my husband and his brother decided they would like to put a military stone on the family plot in honor of their father. In order to do this they had to contact the step-mother who has since remarried. Once she found out these were in our name, she proceeded to the township clerk and showed the will stating that these were HER property. Since her spouse was not the last living descendant, these were never in her husband's name can she take these away from us???

We have a notarized deed from the township as well as the receipt for the transfer fee,and at present verbal okay from the cousins.

As I had stated in an earlier unfinished question, these were not transferred into our name for the purpose of making any money. These were transferred to keep in the family and for the use of family members. Of note, my husband's father's ashes were scattered and not put in an urn at this cemetary.

We have at present, while the township is investigating been asked if we are willing to buy these from the ex-step-mother.

We have been told that she has no claim to them as they were never named as specific property in the will and after all ten years has passed and she had not been interested until she found out that they were in our name.

Thank you to anyone who can give us a clue.
  #2  
Old 10-13-2009, 06:14 PM
Member
 
Join Date: Oct 2008
Location: Raleigh, NC
Posts: 431
So if the grandfather owned these plots, when the grandfather died and his estate went through probate, who inherited those plots? What did the grandfathers will say?

Your husbands father, the family member in Arizona, or someone else?

You may have grabbed some assets, that weren't yours legitimately to grab.
__________________
Kiawah

Last edited by Kiawah; 10-13-2009 at 06:23 PM.
  #3  
Old 10-15-2009, 08:43 PM
Junior Member
 
Join Date: Oct 2009
Posts: 2

burial plots


To our knowledge there was no will. The grandfather passed in 1959 and these plots had never changed names to anyones knowledge. They were never put as specific property in anyones will that we are aware of.
  #4  
Old 10-15-2009, 11:16 PM
Member
 
Join Date: Oct 2008
Location: Raleigh, NC
Posts: 431
If the grandfather didn't have a will, then his assets would pass via Michagan intestate laws. I don't know whether this URL below was in effect at the time, you're going to need to get a Michagan lawyer involved to resolve who the legal owner(s) is(are). You should check the probate court in the county where the grandfather died, and investigate if probate was ever done.

[url]http://www.fm.fcs.msue.msu.edu/Michigan%20Intestate%20Succession1.pdf[/url]

May be easier to pay off all of the relatives(in whatever portion/proportion they would most likely own), or just go buy your own plots.
__________________
Kiawah

Last edited by Kiawah; 10-15-2009 at 11:26 PM.
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 09:02 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.