Estate Law

Estate law questions? Ask an estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My mother passed away in August. My parents had purchased…

Customer Question
My mother passed away...

My mother passed away in August. My parents had purchased plots in 1985. My father passed in 1989. My mother was remarried, and her wishes remained that she be buried in the plot beside my father. Her husband had a head stone placed on top of her grave that includes her name, as well as his. We were never contacted by the memorial park. What are our rights regarding having this head stone removed?

Lawyer's Assistant: Estate laws vary by state. What state are you in?

PA

Lawyer's Assistant: What documents or supporting evidence do you have?

I have the deed for the lots, and she was buried there on 8/21/17.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not that I can think of. Shouldn't we have been contacted by the memorial park prior to another head stone being placed on top of my mothers' grave?

Submitted: 7 months ago.Category: Estate Law
Show More
Show Less
Ask Your Own Estate Law Question
Answered in 9 minutes by:
12/18/2017
Estate Lawyer: Gerald, Esq, Lawyer replied 7 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 5,339
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Ask Your Own Estate Law Question
Customer reply replied 7 months ago
Thank you!
Estate Lawyer: Gerald, Esq, Lawyer replied 7 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience. I also happen to have experience in the regulation of the funeral industry. I hope to provide you information that will help you in resolving your question.

Please accept my sincere condolences for your loss. I know how difficult it is to lose your parents. It is especially difficult when the actions of another person seem to insult the wishes of your mother.

I am afraid that you are not going to be happy with my response - but I would not want to mislead you and add to your sorrow by leading you to believe there was a remedy here.

Unless your mother had a prearrangement contract that specified her desires to the memorial park, then the arrangements would fall to her current spouse. Under Pennsylvania law the current spouse has the authority to make the final arrangements for the deceased spouse.

This means that her husband had the authority to order the head stone (and make the other arrangements) for your mother. This is so even though the plots had been previously purchased.

I agree that it was selfish and callous of her husband to do this without concern for your feelings and without consulting you.

As for the memorial park, they had little choice in the matter.

Here is a link to the PA Law:

http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/20/00.003.005.000..HTM

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

Ask Your Own Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Gerald, Esq Your Own Question
Gerald, Esq
Gerald, Esq
Gerald, Esq, Lawyer
Category: Estate Law
Satisfied Customers: 5,339
5,339 Satisfied Customers
Experience: Over 30 years of experience

Gerald, Esq is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns.

Loretta TIllinois

Thanks Adam!! - A very direct and understandable response - you have been a great help!

Happy CustomerEllicott City, MD

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Attorney

3,170 satisfied customers

Wills, Trusts, Probate & other Estate Matters

Barrister

Barrister

Attorney

5,841 satisfied customers

17 yrs estate law, real estate. Wills/Trusts/Probate

RayAnswers

RayAnswers

Attorney

5,579 satisfied customers

Texas lawyer for 30 years in Estate law

Infolawyer

Infolawyer

Attorney

5,133 satisfied customers

Licensed attorney helping individuals and businesses.

Ely

Ely

Counselor at Law

1,867 satisfied customers

Fully licensed attorney in Texas in private practice.

RobertJDFL

RobertJDFL

Attorney

1,514 satisfied customers

Experienced in multiple areas of the law.

P. Simmons

P. Simmons

Attorney

1,209 satisfied customers

12+ yrs. of experience including estate law.

< Previous | Next >

Related Estate Law Questions
My dad passed away last year. He is buried beside my mom. He
My dad passed away last year. He is buried beside my mom. He remarried and when he died I signed a permission slip for her to be buried in the same grave as him. I never signed it in front of a notary… read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,898 satisfied customers
In 1970 my mother died. My father bought two burial plots,
In 1970 my mother died. My father bought two burial plots, only one of which was for her, of course. In 1979, he died but was buried in another city. In 2003 my only sibling died, leaving me the only … read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
I have a strange scenario but need some help regarding this.
Hello. I have a strange scenario but need some help regarding this. I am 48 years old and I am working on behalf of my mother. She is now 68 years old. My stepfather passed away in 1983. When he died,… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
My mother stated in her will that my my brother was to
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 loc… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,020 satisfied customers
My brother-in-law died in December. His first wife, the mother
My brother-in-law died in December. His first wife, the mother of his eight children, died many years ago; he since remarried a widow with three children On numerous occasions he expressed his desire … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,175 satisfied customers
My father and mother divorced back in 1977 and were separated
My father and mother divorced back in 1977 and were separated sometime before that. My dad remarried and died in 1984. Dad had purchased 4 grave family plot and he put my name on it. He is buried at o… read more
RayAnswers
RayAnswers
Attorney
Doctoral Degree
5,579 satisfied customers
my father passed over a year ago. My father had 2 purchased
my father passed over a year ago. My father had 2 purchased 2 cemetery plots in 1978 when married to my mother. My father and mother divorced in 1996, and my mother reliquished her ownership of her pl… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
my mother passed away 31 years ago, Dad remarried and he passed
my mother passed away 31 years ago, Dad remarried and he passed away 5 years ago, he told me and some more people he was going to be buried by mom and he also told his current wife, well she buried hi… read more
Expert
Expert
I have learned my father who is 85 has a will and my sister
I have learned my father who is 85 has a will and my sister is the execetor. She has informed me that my father plan to be creamated and want some of his ashes to be buried in my mothers grave. WE hav… read more
Barrister
Barrister
Attorney
Doctoral Degree
5,841 satisfied customers
My father was killed in a car crash last Feb. My mom died in
My father was killed in a car crash last Feb. My mom died in May of lung cancer. She named me as executor on the Will. They didn't own their house only the contents so I didn't probate. My brother was… read more
J. Warren
J. Warren
Attorney
Doctoral Degree
2,241 satisfied customers
My mother passed away February 7th of this year. At the time
My mother passed away February 7th of this year. At the time of her death, an older brother was her power of attorney, which the rest of the siblings in this family assume is not terminated. However, … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
My brother passed away in 1988. My parents legally separated.
My brother passed away in 1988. My parents legally separated. My mother purchased a gravesite and a tombstone for the burial once they were separated. My father was sold the "gravesite" which included… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Since 1950, Grandmother has an empty grave site in Ohio next
Since 1950, Grandmother has an empty grave site in Ohio next to her that my grandfather bought so he could be buried next to her. Grandfather remarried years later and is buried with his second wife a… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,233 satisfied customers
I live in PA. My grandfather passed in 1969. At that time my
I live in PA. My grandfather passed in 1969. At that time my grandmother purchased 2 cemetary plots. Sometime before her death in 1977, she gave the "deed" to the cemetary plots to my mother, the elde… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
My grandmother just passed in Menlo Park, CA Her parents were
My grandmother just passed in Menlo Park, CA Her parents were cremated. She was cremated She believed she could be buried with her parents at Alta Mesa Memorial Park There is room in her parents "mult… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
Our father, XXXXX XXXXX Barosko Sr., passed away Aug. 11,
Our father, XXXXX XXXXX Barosko Sr., passed away Aug. 11, 2010. He remarried years after our mother passed away. His second wife, Marguerite Ceronsky Crawford Barosko, or her family did not notify us … read more
Georgetown Lawyer
Georgetown Lawyer
Principal Attorney
Post-Doctoral Degree
11,193 satisfied customers
My brother passed away 9 yrs ago in Illinois. His wife is remarried
My brother passed away 9 yrs ago in Illinois. His wife is remarried and moved to TX now. NO CHILDREN with this marriage. She will not let his family put a headstone on grave. My question is.. If I buy… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,175 satisfied customers
My father recently passed away without a will. When my mother
My father recently passed away without a will. When my mother passed away her family bought a plot for him so he could be buried next to her. He eventually got remarried but my stepmother refuses to h… read more
Daniel P.
Daniel P.
Managing Attorney
Juris Doctor
2,741 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x