repossessed headstone

[dawnajo]

What is the name of your state (only U.S. law)? Kentucky
My mother died 10 years ago, prior to her death, she prepaid for her headstone, casket and vault. Her headstone was a double one that would also contain my step fathers name upon his death. The headstone has been on her grave for 10 years. A year ago my step father died and was buried beside my mother. His funeral services were done at the at the same place he was buried at. My step fathers funeral expenses have not been paid yet, they are in probate court still. Well the funeral home went and removed the headstone from my mothers grave because my step fathers expenses remain unpaid. I am very distraught over this. Can they legally take my mothers headstone, that was paid for 11 years ago, due to the unpaid expenses on my step father? There is no marker of any kind, marking my mothers grave, just dirt and grass. This has me very upset, please help.

 

[OHRoadwarrior]

They probably have a partial investment in the stone for scribing dads info on it.

 

[st-kitts]

What is the name of your state (only U.S. law)? Kentucky
Can they legally take my mothers headstone, that was paid for 11 years ago, due to the unpaid expenses on my step father? There is no marker of any kind, marking my mothers grave, just dirt and grass. This has me very upset, please help.

Items that are repossessed when there is an unpaid balance or when the the item was listed as collateral for services or goods on which there is an unpaid balance. If the headstone was paid in full, then I am not sure how it could be repossessed unless someone that had the authority to do so, listed it as collateral for the cost of stepdad's funeral. Did anyone list the stone as collateral for stepdad's funeral. Are you sure it was repossessed? Could it be the stone was removed in order for stepdad's name to be engraved on the stone? Are you even sure who took the stone?

If you are sure the funeral home has the stone, did they take it, or are they holding the stone until someone pays for stepdad's name to be engraved? They likely do have the right to retain the stone until someone pays the cost of engraving the new name on it... If that is the case, you might see if you could arrange to pay that portion of the bill in order for the stone's return. If they are trying to hold the stone hostage until the entire funeral for stepdad is paid, they probably do not have the legal authority to do so unless the stone was listed as collateral or unless some sort of payments were still owed on the stone.

 

[dawnajo]

No one gave the stone for collateral. My step fathers name was already engraved on the headstone prior to his death, the only thing that was added to the marker was the date of his death. We are sure the the funeral home took the marker. They called and left a message in my telephone saying that they removed the marker and if the total amount of my step fathers expenses were not paid that the marker would be melted down and recycled. The funeral home also owns the cemetery in which they are buried. My niece, whom was the administrator of my step fathers estate, took the money and never paid the expenses and now she can't be found. I am really upset because I do not see how they could take the marker that was my mothers and was paid for 11 years prior.

 

[anteater]

1) Write them a letter giving them a reasonable amount of time to restore the headstone. Or you will feel compelled to take legal action.

2) Retain an attorney to write that letter.

3) Sue them.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Kentucky
My mother died 10 years ago, prior to her death, she prepaid for her headstone, casket and vault. Her headstone was a double one that would also contain my step fathers name upon his death. The headstone has been on her grave for 10 years. A year ago my step father died and was buried beside my mother. His funeral services were done at the at the same place he was buried at. My step fathers funeral expenses have not been paid yet, they are in probate court still. Well the funeral home went and removed the headstone from my mothers grave because my step fathers expenses remain unpaid. I am very distraught over this. Can they legally take my mothers headstone, that was paid for 11 years ago, due to the unpaid expenses on my step father? There is no marker of any kind, marking my mothers grave, just dirt and grass. This has me very upset, please help.

**A: read the funeral services contract and then read it again. I am pretty sure that they have standing. Also, could it be that the headstone was removed to engrave father's name and info and since the funeral place is owed money, the headstone was not placed back?
Why was the funeral expense not paid by the beneficiaries or family members who could be reimbursed through probate court.
And you could mark the grave by using special flowers, balloons, a poster or something else that stands out subject to the cemetary rules and regulations.

 

[dawnajo]

There is nothing in the funeral contract concerning the marker. When they paid for the marker 11 years ago, the price included the engraving of both names. When my mother died, and they placed the marker on her grave, his name was engraved at that time. After he died, they engraved the date. The marker was completed and has been on the graves for over a year. It was just removed a few days ago, and only after the judge in probate court ruled that the administrator was responsible for my step fathers expenses. Since I was the step daughter, I could not be the administrator so they let an 18 year old grandchild (my deceased half sisters daughter) be the administrator. After she received the insurance money, she ran with the money and did not pay anything with the money. She disappeared and cant be found so the court appointed the public administrator to take over the probate court.

 

[Mass_Shyster]

Call the police and report the stolen headstone. You should let them know why you suspect the funeral home.

 

[anteater]

Addendum to my 3 option post:

Add to the letter the suggestion that they disinter step father and hold the casket and his remains hostage for payment rather than a headstone that has been paid for.


On a more serious note... Who signed the contract for stepfather's funeral and burial services?

[Also, as a note... Who was the beneficiary for the life insurance proceeds? If it was the granddaughter, she likely is not under an obligation to use the proceeds to pay the expenses. On the other hand, if the proceeds went to the probate estate... well... somebody should have an open and frank talk with her.]

 

[st-kitts]

If you have proof the funeral home is holding the headstone hostage, you might also contact the local news...

 

[HomeGuru]

There is nothing in the funeral contract concerning the marker. When they paid for the marker 11 years ago, the price included the engraving of both names. When my mother died, and they placed the marker on her grave, his name was engraved at that time. After he died, they engraved the date. The marker was completed and has been on the graves for over a year. It was just removed a few days ago, and only after the judge in probate court ruled that the administrator was responsible for my step fathers expenses. Since I was the step daughter, I could not be the administrator so they let an 18 year old grandchild (my deceased half sisters daughter) be the administrator. After she received the insurance money, she ran with the money and did not pay anything with the money. She disappeared and cant be found so the court appointed the public administrator to take over the probate court.

**A: ok, now you tell us more.

 

[dawnajo]

My daughter signed the funeral contract because at the time of his death, we had found a Will that he had drawn up, naming her the administrator of his estate. A few days later, we found out that the Will was not any good, seems he never filed it with the state or with the attorney that originally made the Will. The money was paid to the estate of my step father. The police just laughed when they were called about the marker being taken. They would not even fill out a police report.

 

[anteater]

A few days later, we found out that the Will was not any good, seems he never filed it with the state or with the attorney that originally made the Will.

That sounds rather odd. I don't know Kentucky law offhand, and not really inclined to go searching through it right now, but I don't know any state that requires that the testator file a will with the state or an attorney.

My daughter signed the funeral contract because at the time of his death...

Technically, from the viewpoint of the funeral home/cemetery, your daughter is probably on the hook for the expenses, although, in the normal course of events, the probate estate administrator would just pay the bill.

The police just laughed when they were called about the marker being taken. They would not even fill out a police report.

Geez, I hope that they didn't literally laugh. Man, that would be cold. But, I am not surprised that they do not consider it a criminal matter.

In any event, I would still pursue the options of demanding that they return the headstone. It should not be a hostage in this situation.

There's no other assets in the probate estate? You and your daughter should probably make that successor administrator your new best friend. (If the granddaughter is found, does Kentucky allow spanking?)

 

[HomeGuru]

My daughter signed the funeral contract because at the time of his death, we had found a Will that he had drawn up, naming her the administrator of his estate. A few days later, we found out that the Will was not any good, seems he never filed it with the state or with the attorney that originally made the Will. The money was paid to the estate of my step father. The police just laughed when they were called about the marker being taken. They would not even fill out a police report.

**A: no police report because the marker was not stolen. You know where it is.

 

[dawnajo]

After contacting alot of people on Monday morning, The Attorney General, all local news stations and an attorney, I got a phone call Monday night at 8:15pm, from the cemetery, telling me that the "ERROR" has been corrected and the marker was replaced on the grave.