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LawTalk, Attorney
Category: Estate Law
Satisfied Customers: 37855
Experience:  I have more than 25 years of experience in the practice of law.
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My mother had a cementary plot which was in her name and her

Customer Question

My mother had a cementary plot which was in her name and her divorced husband's name. He died and she died and we need to know if it makes any difference in ownership since my mother had the original deed after their divorce but never transfered the name on cemetary property to hers only. Now his daughter who came along years after the divorce has claim to 1/3rd cause there is now 3 instead of 2; so says the cemetary OR does she. I have their divorce papers. It doesnt specify that particular property. But mom was holding the deed.
Submitted: 1 year ago.
Category: Estate Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Gail,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

If the divorce judgment did not grant the plot to either of them, then each of them continued to own a 50% interest in the plot.

If his daughter is willing to take 1/3 than let her. Because if you and your si9bling are not the children of your mom's ex, then his daughter would be entitled to 50%---and not just 1/3.

You see the children inherit from theior parent. Each parent had 50% and so if the daughter is the only child, she would get her father's full share.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,