Legal Question in Wills and Trusts in Virginia

My mother has a deed for burial lots that had been purchased by her parents. Theirs are the names on the deed but they are both deceased. I am not aware of any will that specified to whom the lots should go to. As their only living heir, does she have the legal right in Virginia to sell these lots? And since I am her legal guardian and POA, can I sell them on her behalf? The cemetary is telling me this is illegal, but a friend who is a funeral director told me this is fine.

Thank you for your assistance.


Asked on 10/29/11, 1:49 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

If the cemetery is telling you that such a sale would be illegal, ask them

to explain the authority on which they are relying for their opinion.

Then (whether they provide such or not) arrange for a consultation with

a local attorney who handles probate matters to further advise you

on the matter.

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Answered on 10/29/11, 8:49 pm


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