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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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My father recently passed away with no will. My sister and I

Customer Question

My father recently passed away with no will. My sister and I have discovered that he owned 2 burial plots, which we would like to sell. (He and my mother were both cremated.) We are the only surviving children, but we had a brother who predeceased my father. That brother has two living sons. Should they be considered heirs to these burial plots?
JA: Since estate law varies from place to place, can you tell me what state this is in?
Customer: My father died in Ohio. The burial plots are located in Queens, NY.
JA: What documents or supporting evidence do you have?
Customer: There is a deed to the burial plots. The deed refers to my father and mother and "their heirs and assigns."
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 17 days ago.
Category: Estate Law
Expert:  jb156200 replied 17 days ago.

Good afternoon. My name is ***** ***** I am licensed probate attorney. Please give me a moment as I type my response.

Customer: replied 17 days ago.
Customer: replied 17 days ago.
Don't need to call.
Customer: replied 17 days ago.
I don't see the response
Expert:  jb156200 replied 17 days ago.

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.

Expert:  jb156200 replied 17 days ago.

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.

Customer: replied 17 days ago.
Thanks. What about the 2 children of my predecessors brother?
Customer: replied 17 days ago.
Predeceased brother
Expert:  jb156200 replied 17 days ago.

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.

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