Legal Question in Family Law in New York

cemetery deed

My daughter passed away 3 1/2 years ago. She was 43.My Son in law hates us and does not let us see our only 2 grandchildren.We tried to get Grandparents visitation,but were denied because the children told law guardian they do not want to see us and are over 10. We were all VERY close before my daughter passed, but thats another story. We accept defeat, and are trying to move on with hopes when the Kids are older they will see the truth in what has happened. Now, my question is this. We paid for half of my daughters funeral, including her grave plot. My Son in law has the deed. As I said it is almost 4 yrs. since we lost her, yet he has not put a grave marker/stone. We are broken hearted over this, but seems he has the deed so we can not properly name her grave. Is there anything we can do? Does my daughter have to have a un marked grave? We will gladly pay for this. We have a reciept stating we paid for half. The other half was paid by him with her insurance money.Thank you for any advice.


Asked on 4/02/07, 11:03 pm

2 Answers from Attorneys
florence hessen florence f. hessen,esq

Re: cemetery deed

Hi:

I am very sorry for your loss. The issue about the head stone really depends on whose name is on the deed and from what you mentioned it probably is just your son inlaw.

Before trying to sue or retain counsel, I would recommend that you have an objective talk with him to try and resolve this matter. If that does not work than you should consult an attorney who could contact him by letter advising him that if not resolved you will look to pursue whatever remedies you have in law or equity.

This may have to go back to the Surrogates Court.

Good Luck

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Answered on 4/03/07, 10:26 am
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: cemetery deed

I am so sorry you have had to go through all of this. I am afraid you will have to go thru a court proceeding if he won't give up the deed. I would think the proceeding would be in a small claims or district court unless he is relying on a clause in your daughter's will in which case it might be necessary to go to Surrogate's court. Possibly a lawyer being involved or a court will persuade him to allow you to mark the grave without further litigation.

Good luck.

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Answered on 4/02/07, 11:26 pm


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