Legal Question in Wills and Trusts in Michigan

cemetary plot ownership

My Dad purchased 6 plots in 1971 in his name and to be left to his heirs in writing at the cemetary. My mom died in 1973, my dad remarried. Dad died in 1984 now his 2nd wife thinks she owns these plots and wants to sell them. These plots were not mentioned in his will. Can she sell these plots? My sister and I want to be buried there with my mom, do we have to buy these plots back? Does she legally own them? I checked with the cemetary the ownership has not been changed there. Thank you


Asked on 7/17/08, 9:26 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: cemetary plot ownership

It would depend on the terms of your father's will and whether he left all of his property and assets to his wife at the time of his death. If he did, then they belong to his widow. If he had put the plots in your name, or otherwise expressed his intentions to have the plots be given to you and your sister, then you may have basis for a legal action to get ownership of them without having to pay. However, based on what you've said, this seems unlikely. I would try to negotiate with the widow to either have them left to you at the time of her death, or attempt to buy them from her, hopefully at a minimal price.

Read more
Answered on 7/22/08, 8:17 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Michigan