Estate Law Questions? Ask an Estate Lawyer.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
Did you pay for the cemetery plot or was it in fiance's name?
And he passed without a will in place because he destroyed it, correct?
Ok, if you purchased the plot, then legally it is yours. A plot is just like any other piece of property, the person who bought it owns the rights to it.
It would only be in fiance's estate if it was in his name when he passed and if he destroyed his will, then state law would control who inherits his estate and that would be his children in equal shares under NY intestacy laws.
So unfortunately his goal in destroying his will was frustrated if he didn't have a new one prepared specifically leaving his children out of it.
But if you paid for the plots, then you own them and the cemetery should place them in your name.
You are very welcome. Glad to help any time. And any local attorney should be able to draft something up for a minimal charge to give to the cemetery director so that the plats are titled to you..