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Damien Bosco
Damien Bosco, Attorney
Category: Estate Law
Satisfied Customers: 2351
Experience:  Helping you with your legal questions.
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My mother stated in her will that my my brother was to

Customer Question

My mother stated in her will that my my brother was to receive a grave plot. However the cemetery is stating that since it is a piece of property with a deed, and my mother did not state the exact location the plot becomes an heirship and my brother has the right to be buried there but the plot deed remains in my parents names. This is in Illinois. My brother is very ticked off and is threatening to sue everyone. My estate lawyer is not being helpful. Some of us siblings do not want to sign the deed over to him and a couple do. Please give me some tips. I am the executor
Submitted: 9 months ago.
Category: Estate Law
Expert:  Damien Bosco replied 9 months ago.

Hello. So you are saying that the deed is in your Mother and Father's name. I presume your Father died before your Mother. Therefore, in all likelihood the plot would be in your Mother's name or she would be able to bequeath it to whom she wants. She put in her will your Brother gets it. Therefore, as Executor you would facilitate the transfer of the deed into your Brother's name. If the other beneficiaries object, then they would have to object to the probate of the Will. However, unless the will was not properly executed, or there was undue influence, lack of capacity or fraud, the Will would hold up and as Executor you would transfer the plot to your Brother's name.

Customer: replied 9 months ago.
The plot remaining is in my father and mother's name(s) only. After my father passed first, my mother never changed the deed name(s). In her will she stated for my brother to receive the remaining plot. However, the cemetery states that because my mother did not state the legal description of the cemetery, section number, plot number etc., that the deed cannot be changed to my brothers name. They are saying the remaining plot becomes an heirship and my brother only has the right to be buried there. They state that he cannot bury anyone else there without the other remaining siblings consent nor can he sell it without the remaining siblings consent.
Expert:  Damien Bosco replied 9 months ago.

Thank you. I understand better the facts now. If the cemetery is the entity rejecting the transfer of the deed due to an incomplete description in the Will, you most likely would need to petition the court to have the court order the transfer. Most likely you would need to hire a local attorney to do the papers. Generally, it would be considered a will construction proceeding, wherein you or your brother would have to argue that your Mother's intent was to transfer the deed. It gets complicated since the cemetery is stating its position and there would be no other way around it without a court order.