unused cemetary plots - are they property and who has rights?

[daisyjane]

What is the name of your state? NC

I am writing this on behalf of my mother. Her husband died in 1994 and in his will he left everything to her. It was a point that he made sure there were no loop holes to contest this will.

In his first marriage he and his ex-wife purchased cemetary plots in san diego, ca that have never been used. His ex as well as my mother live in NC currently and that is where he died as well. Recently my family has discovered that the plots have been sold with no knowledge to my mother. My mother has the title to the plots with both names listed with "and" between them.

my question is, 1st, are cemetary plots considered property as far as a will is concerned and 2nd, would my mother not be intitled to half of the proceeds of the sell?

we are just trying to determine if we have a case that we should persue legally.

 

[hexeliebe]

This really should be in the real estate forum but I'm bumping it to the top and hope HG will take a look.

 

[HomeGuru]

What is the name of your state? NC

I am writing this on behalf of my mother. Her husband died in 1994 and in his will he left everything to her. It was a point that he made sure there were no loop holes to contest this will.

In his first marriage he and his ex-wife purchased cemetary plots in san diego, ca that have never been used. His ex as well as my mother live in NC currently and that is where he died as well. Recently my family has discovered that the plots have been sold with no knowledge to my mother. My mother has the title to the plots with both names listed with "and" between them.

my question is, 1st, are cemetary plots considered property as far as a will is concerned and 2nd, would my mother not be intitled to half of the proceeds of the sell?

we are just trying to determine if we have a case that we should persue legally.

**A: when were the plots sold and who sold them?

 

[daisyjane]

The plots were sold in 2001 by his ex-wife.

I understand that she is entitled to half of the proceeds, but since my mother got everthing in the will and both names were on the title I beleive she should have received half.