Legal Question in Real Estate Law in Maryland

unclaimed gravesites

I am the last fam. member of an ancestor that is shown by a small church as owner of 7 gravesites. She was the last buried there in 1932-2 other sites are used, 4 are still empty. I have checked with Reg. of Wills in my county-and they show no Will left by my ancestor/owner. I would like to legally claim the un-used sites to either use or sell. The sexton of the church records shows my ancestor as owner of the 7-with 4 unused. He claims the original deeds went to my ancestor and there are no copies kept that he can give me. He also claims I can ''simply use'' them if needed - but I want to legally have proof they are mine to use - or - to sell. I checked with the Reg. of Wills in my county - they have no Will listed for the ancestor/owner. I checked with Land Records for the county - they can't help me, saying they don't handle grave deeds. How can I legally take hold of the empty plots to sell or use if I choose to? Thank you!


Asked on 2/27/09, 7:23 am

1 Answer from Attorneys
Robert Sher Wagshal and Sher

Re: unclaimed gravesites

The fact that the Register of Wills has no record of a will doesn't mean your ancestor didn't write one--although someone at that time should have had it and used it to open an estate. Even if she died intestate (without a will), her property would have gone to her family according to Md law. If she was unmarried or a widow, then it would have gone to her children, and then through their estates. Legally you probably have a fractional interest at best, depending on how far down the family tree you are. I think the path of least resistance is to accept the invitation to use the plots.

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Answered on 2/27/09, 10:23 am


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