Legal Question in Wills and Trusts in Illinois

My father and my stepmother have both passed away and my step brother was named executor. My father had 2 cemetery plots in his name only. My birth mother is in one of the plots. Am I not entitled to the plot deeds as his next of kin? My step brother is not responding to my requests. I have received no papers whatsoever, including my father's death certificate. What are the executor's fiduciary duties to me? The estate was not probated due to supposedly being worth less than $100K.


Asked on 1/30/11, 6:20 pm

1 Answer from Attorneys
Cyndi Perez Trostin

My suggestion would be to contact the cemetery. Cemetery plots are deeded. They will be able to tell you who was listed on the deed, and provide some indication on how the property would pass (whether there was a joint ownership, or beneficiary listed). The by-laws of the cemetery might require certain legal documents in order to transfer ownership to other parties.

As a son, you are also entitled to a copy of your father's death certificate and can order one from the County where he died.

As to your rights, once you have the information you need, an appointment with an attorney would probably be in order so that you can determine your rights.

Good luck to you.

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Answered on 2/02/11, 8:45 am


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