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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Estate Law
Satisfied Customers: 101939
Experience:  Fully licensed attorney in Texas in private practice.
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I really really need an answer my greatgreatfather has a

Customer Question

I really really need an answer my greatgreatfather has a mausoleum in queen ny my dad died in 96 I was devisetated & had 2 b medicated I flew back 2 fl thinking my bro's would take care of puttin his name on his slab a few yes ago we my bro & his wife
because I have the key went to c my dad we were shocked when we saw my grandpas beo's wife who is buried in the basement her name was put on my fathers slab by her daughter the Cemertary holds no responsibility I can't stand this my family is sick please help
Submitted: 2 years ago.
Category: Estate Law
Expert:  Ely replied 2 years ago.
Hello and thank you for requesting me. Please note:
(A) This is general information and is not legal advice. No specific course of action is proposed herein. No attorney-client relationship or privilege is formed by speaking to an expert on this site. This is repeated in numerous disclaimers throughout the site. By continuing, you confirm that you understand and agree to these terms; and (B) there may be a slight delay between your follow ups and my reply while I am typing out my answer.
In this situation, the Executor of the estate decides on the funeral arrangements, unless his WILL specified otherwise. The cemetery is not liable if all they did was follow the Executor's instructions.
It is the executor who is to be the point of attention here.
However in the end, if the family cannot work this out, you would have to go to court over it. There is no other way to modify the gravestones and the burial spots.
The court would then decide going off last wishes of the deceased and equity (fairness).
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 2 years ago.
She is not the executed of my fathers estate I am she did not have my permission nor anyone in my family she did it on her own didn't even tell the cemetary
Expert:  Ely replied 2 years ago.
I understand. Then if this cannot be resolved peacefully and/or if the cemetery is refusing to modify this, then one has to go to court, still. There is simply no other way to settle it.
Gentle Reminder: Please, use the REPLY or SEND button to keep chatting, or rate positively and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.