Legal Question in Wills and Trusts in Pennsylvania
Real vs Personal Property
My father owned 4 grave plots in PA when he died. My mother is in one and he in another. The cemetery assoc. concurs there are two plots left.
In his will he did not mention the plots, but left to me all ''personal property''. Are grave plots personal or real property? If they are personsl property, then do I now own them? The excutrix will not/can not answer.
1 Answer from Attorneys
Re: Real vs Personal Property
Pennsylvania law provides that:
"If in a will no express disposition or other mention is made of a cemetery lot owned by the testator at his decease and wherein he or any member of his family is buried, the ownership of the lot shall not pass from his lawful heirs by a residuary or other general clause of the will but shall descend to his heirs as if he had died intestate." See 20 Pa.C.S. Section 2514(14).
I would need to know who survives your father. Assuming there was no second wife, then generally the surviving children share equally in the intestate estate.
The executrix should contact a lawyer to verify this disposition.
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