Legal Question in Wills and Trusts in Pennsylvania

Why do you have a receipt but not the deed if you paid? The receipt just evidences that payment was made and nothing more. While I have not looked at all the documents, my thoughts are that if a deed was in fact issued, then it is the deed which is controlling, not a receipt.

If that is the case, then it is the owners listed on the deed who own the lots. Assuming that the deed was in the name of your parents, then the lots would have passed to whichever parent was the last to die (I assume that it was your mother from your post). If that is also the case, then the lots would have been distributed as per her will if she had one. If she had one, what does it say as to who inherits the cemetary lots or, if the lots are not mentioned specifically, then who gets the residue? If there was no will, then all of your mother's assets would be divided equally among all of her children.

You mention that your brother "took" the deed when your mother died. That does not effect a change in ownership or a conveyance. Your brother can only give away what he owns and if he did not own 100% of the lots then he could not give away 100%.

You say that your brother died without a will. In such case, anything that your brother owned would pass via intestacy law to your brother's wife, if she survived him or if he had one, and any of his children. If there is only one, then he would inherit whatever his father had.

You say that your brother's son wants to sell the lots. How can he do that? You have to read the deed. There may be restrictions there. Also, I don't know that he owns 100% of the lots. If he does, then he can do as he pleases, provided that he does not violate any restrictions. If he does not own 100% of the lots, then he cannot.

Why does your brother's son have to void the deed? I don't understand why this is necessary. If he wants to make a new deed or convey his portion to you or another owner, he can do that. Just as your siblings who have their own lots can convey their ownership interests if they so choose.

You are going to have to seek out either a probate litigation or real estate litigation attorney who will have to review the deed in question as well as your mother's will or estate file, if any, to determine exactly who owns the lots in question. If you are the owner of at least one lot, then the logical thing would be for you and any other interested relative to buy up the lots owned by others. If your brother's son wants to be difficult, he can be, but this will not go anywhere if he only has ownership of his father's lot. If he has ownership of 100% of the lots, then there will not be much you can do other than buy the lots from him for a reasonable price.

I know it does not seem fair to have paid and then pay again, but if the deed was not in your name, I don't see much recourse.

However, talk to the attorney as he or she may have further ideas. I checked the statutes briefly as to cemetaries and they did not seem particularly helpful, so this may be a matter more of caselaw.