Estate Law Questions? Ask an Estate Lawyer.
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When an individual dies without a Will, this is considered intestate. The Ohio Statutes lays out how the estate is to be devised. When there is no surviving spouse then each child inherits an equal share of the estate.
Burial plots are considered real property. When attempting to sell burial plots there are a few steps. First you need to obtain a copy of the contract, if there is one, because some cemeteries will outline their own procedure to transfer title to the plots.
In New York, cemetery plot transfers are overseen by the Division of Cemeteries. The Division requires that owners offer the plot to the cemetery corporation first, at the price originally paid plus four percent simple interest from the date first purchased. Only if the cemetery corporation declines to buy the plot can you then transfer ownership to another party. And even then, you'll need to seek the permission and approval of the Division of Cemeteries prior to commencing with the transfer.
There is a possibility that your's brother two children, would share equally in his portion of the proceeds of the sale of the plots. If the proceeds are to be paid to your father's estate, then his children will not be entitled to anything.