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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33757
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My fiance passed away 07/15/2015, the life insurance was

Customer Question

My fiance passed away 07/15/2015 , the life insurance was split between myself and his one son. I paid for my fiance whole funeral from a portion of my share of the life insurance. the funeral home said he would put the my name on the deed and now his kids are trying to take the deed away from me. this all happened in New York, suffolk county. my fiance tore up his will. because he didn't want his kids to get anything. shouldn't I get the deeded Cemetery plot?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Did you pay for the cemetery plot or was it in fiance's name?

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And he passed without a will in place because he destroyed it, correct?

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thanks

Barrister

Customer: replied 1 year ago.
I paid for the plot and right now it is in no ones name, and correct he destroyed the will.
Expert:  Barrister replied 1 year ago.

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.

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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.

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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.

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But if you paid for the plots, then you own them and the cemetery should place them in your name.

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thanks

Barrister

Customer: replied 1 year ago.
If I sent you my documents and paid you obviously, would you be able to write me a letter to Northport rural Cemetery, The Cemetery wanted the copy of the will to see that I was suppose to handle his final arrangements, and now they are saying I am getting repaid by the estate but I'm not. Because there is no estate. And they want a letter from a lawyer. Would you be able to write me the letter
Expert:  Barrister replied 1 year ago.
Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:
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www.martindale.com
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www.lawyers.com
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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.
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But any local probate or real estate attorney could draft a simple letter stating that he died intestate and that since you will not be reimbursed from his estate, the plots should be transferred into your name solely.
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thanks
Barrister
Customer: replied 1 year ago.
Okay thank you so much
Expert:  Barrister replied 1 year ago.

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..

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thanks

Barrister

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