Legal Question in Wills and Trusts in Arizona

in my grandmother's will i was left a cemetery plot. recently i discovered that it was sold without my knowledge by a woman in my family who married a relative and due to her marriage, has the same name as i do. this was done as best i can determine, years ago. she kept the money. is there anything i can do about this to recoup my money or get my plot back?


Asked on 1/30/10, 8:35 pm

1 Answer from Attorneys

Donald Scher Donald T. Scher & Associates, P.C.

The cemetary plot is real estate and to receive title or convey title, a deed must be made and recorded. You have to go back to the probate of your grandmother's will to see if the plot was deeded to you as a distribution of that estate, and recorded so that title was in your name. Then, see if the woman made a deed to the current owner of record. Once you have tracked down what happened, then you could bring a "quiet title" action to regain ownership of the plot or the damages. If the buyer bought in good faith, you may not be able to recover the plot. I don't know how long it has been since all of this happened, but you must take action immediately to learn what your rights are and what action you should take.

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Answered on 2/05/10, 8:16 am


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