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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33755
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I was the sole beneficiary of both my parents wills...they

Customer Question

I was the sole beneficiary of both my parents wills...they own 2 cemetery crypts in a mausoleum and were interred in another cemetery in another state at the request of my brother (who was excluded in both parents wills) Because the cemetery property was not mentioned directly in their wills I am told it cannot be used by me without consent of my brother who was left out of our parents wills. What is my legal recourse with regard to these graves?
Submitted: 5 months ago.
Category: Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did both their wills specifically state that they were leaving you all their assets, including their "residuary estate"?

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Who is telling you that it can't be used without your brother's consent?

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thanks

Barrister

Customer: replied 5 months ago.
Both wills state "I give and devise all of my estate both real and personal, of every nature and description and wheresoever situate, and all property which I may own or to which I may be entitled or a party to at the time of my death to my daughter"
Customer: replied 5 months ago.
The cemetery told me that the cemetery was supposed to be mentioned...a Pennsylvania law.
Customer: replied 5 months ago.
Was also told by cemetery the only way I can use the crypts would be if my brother signed his share over to me..even though I am the sole beneficiary.
Expert:  Barrister replied 5 months ago.

Ok, just a couple minutes while I research this..

Expert:  Barrister replied 5 months ago.

Ok, from what I am seeing about burial plots and crypts, they are an odd kind of animal because a burial lot not specifically devised does not pass under a general or residuary devise, absent a statute stating to the contrary. It passes to the heirs at law of the testator as if the testator had died intestate. That means that you and brother inherit the crypts by default unless they were specifically mentioned in the will.

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Even if the will does mention it specifically, if the result would be the disruption of the character of the lot as a family burial plot, the lot is not deemed to pass by will.

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So unfortunately, they are correct and you would have to work something out with brother to get him to transfer his rights to you in writing or sign off on any transfer paperwork to transfer the crypts to you solely. You may have to end up buying him out if he is not willing to do so for free.

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thanks

Barrister

Customer: replied 5 months ago.
He is still harboring hatred for me due to not being mentioned...so doubt they will be usedThank you for your help.

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