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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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If a legal document plots states the ownership is

Customer Question

If a legal document for buriel plots states the ownership is ( and/or) what does that mean?
Submitted: 2 years ago.
Category: Legal
Customer: replied 2 years ago.
Please review added notes explaining the situation
Expert:  Delta-Lawyer replied 2 years ago.
It sounds like the legal document was not completed properly, based on what you have shared with me. The ownership of a burial plot in which "and/or" is used normally connotes ownership between a marital couple - but also presupposes one pre-ceasing the other. For example, plot C202 is owned by Joe and ***** *****, or Joe or ***** *****, should one pre-decease he other. Ownership of the other plot would revert to the remaining spouse in the event of the death of one spouse. Let me know if that helps or if you have additional questions. Also, please rate my answer positively. Best wishes going forward!
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Delta-Lawyer replied 2 years ago.
I am unfortunately not available for a call, but can continue to answer any questions in this format.
Customer: replied 2 years ago.
my mother is trying to sell the last lot at Rose Hills mortuary unfortunately they are blocking the sell of the plot based on the verbage on the legal document stating my father and or my mother and or my uncle's name, who has been gone out of our lives for the last 50 years we have no contact with him nor do we know where he is or if he is deceased or not. He married an divorced my aunt years ago, who's also deceased. This document looks like it was hand written partially it wasn't legal document but it was only signed by my father Sergio collo and our frustration is we have no way of contacting our uncle and we'd like to know what you think our legal recourse is since the verbiage of the handwritten note says and or on beside their names. could you please let me know what you think. Thank you
Customer: replied 2 years ago.
That last note regarding the document, has a type error. It should read that the document was a lagal document with a notation that was handwritten. Sorry for the inconvenience.
Expert:  Delta-Lawyer replied 2 years ago.
I think you could file a motion in a court in the county in which the plot is located for a declaratory judgment in which the ownership is cleared. The court would likely require that you make attempts to notify the uncle at a last known address and via publication in a local newspaper for a limited amount of time (two weeks). The court can then issue an order which would remove him from the legal document and clear the title, so to speak, such that it can be sold with a clear title.
Let me know if you have any other questions.
Please also rate my answer positively.
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I want to make sure you are as comfortable as possible as you move forward. Thanks!