Legal Question in Wills and Trusts in Pennsylvania

ATTN: Rachel Hunter

You answered my question about cemetery lots bought by myself, my parents, my brothers and my nephew. I wanted to give you some more info and get your opinion. I know the deed is in my two brother's, (Harry and Raymond), names. Harry, the brother who took the deed, was married and his wife is still alive. However, the children held to idea that everything went to the grandson, for no other reason than that their dad said so. He took over the house and everything in it, and even though there was no will, he claims nothing belongs to Harry's wife, his grandmother. I believe he does have his name on the mortgage, but don't think this has anything to do with the deed or house contents.

My other brother, Raymond's wife is still living also, and because they already have a plot, where Raymond is buried, she is willing to give her portion to me. According to your answer, that would allow her to sign only three plots over to me of the remaining six, correct? Since Harry and Raymond are the only one's listed on the deed. The remaining three would belong to Harry's wife? The deed ended up in Harry's hands by accident. He was supposed to pass it on to my other brother, Raymond, and we never even knew he kept it and didn't pass it on until years later. That was the reason it was supposed to go to Raymond, his family wouldn't have done this. Please let me know what you think and what difference this makes if any? Thanks.


Asked on 10/05/11, 4:30 pm

1 Answer from Attorneys
Rachel Hunter

OK - just so I get this, deed is in Harry's and Raymond's name. I don't know where Harry's son gets the idea that he gets it all if Harry's wife is still alive. Unless Harry made a will leaving all to his child then this is just not the case. I don't know how the house is owned, but if the grandson's name is on the mortgage then it has to be on the deed as well. However, the house and mortgage has nothing to do with the cemetary lots. The cemetary lots should be governed by a separate deed.

Unless there is magic language showing that Harry and Raymond own the cemetary lots as joint tenants with right of survivorship, Harry's 1/2 passes to his heirs when he dies and Raymond's 1/2 passes to his heirs when he dies. You need to see if Harry or Raymond had any kind of a will. If they did, then the property passed as per the will. If the answer is no, then whatever Harry had goes to his wife and his children and the same is true for Raymond.

On the odd chance that Harry and Raymond owned the cemetary lots as joint tenants with right of survivorship, then you need to see which one died first. In that case, the survivor gets all the lots and they will pass as per his will or to his wife and children.

So you need to get a copy of the deed to the cemetary lots and you need to see if Raymond or Harry has a will. I am assuming this is all in Pennsylvania. Once you get a copy of any documents, you should then pay an attorney just to look at them and verify the ownership of the lots. If the lots are indeed now owned 1/2 by Raymond's heirs and 1/2 by Harry's heirs, then Raymond's heirs can convey their 3 lots to you.

Read more
Answered on 10/05/11, 5:21 pm


Related Questions & Answers

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