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Roger, Attorney
Category: Legal
Satisfied Customers: 31687
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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My father owned two cemetery plots. now he is deceased. i am

Customer Question

my father owned two cemetery plots. now he is deceased. i am the sole heir to his estate but he was married for 14months to the 3rd wife. i do not understand how it is join between me and his wife since im the sole hier. and what would i need to do to get the plot in my name.
Submitted: 2 years ago.
Category: Legal
Expert:  Roger replied 2 years ago.
Hi - thanks for requesting me. If he was married at the time of his death, then you would not be his sole heir at law.......she would be an heir as well - - as the surviving spouse.
Expert:  Roger replied 2 years ago.
If your dad had a will, and left the plots to you, that would be a different story.....and you would have a right to claim full ownership that way. But, if he didn't have a will, you and your step-mother would jointly own the property......and the only way to get the plots transferred would be by filing a probate petition in chancery court and getting an order transferring the property to the rightful heirs at law.....Then you would have to get your step-mother to transfer her interest to you in order to gain fee simple ownership.
Customer: replied 2 years ago.
He has a will and I'm the only heir mentioned in it. Does that matter.
Expert:  Roger replied 2 years ago.
If his spouse is excluded from the will, she can contest the will and revoke it in order to get her share of his estate.
Thus, she would be able to challenge the will successfully....short of a prenuptial agreement.
Customer: replied 2 years ago.
The question about her share of the estate has already been established and is not the question being asked.The question is The ownership of the Cemetery plot. If I'm the only one stated in the will why is it shared and who should file for the court to hear the case, the executor or myself
Expert:  Roger replied 2 years ago.
If your step mother is completely left out of the will, then she would have the right to set it aside....which means it would not be followed.....and if that happens, the bequest to you means nothing. Instead, the property would be distributed under the laws of intestate succession, and she would get 1/2 of EVERYTHING he owned at his death....and you'd get the other 1/2.
Expert:  Roger replied 2 years ago.
If she were included in the will, but she just wasn't left these plots, then your ownership interest in those plots would likely be 100%.
Customer: replied 2 years ago.
You have not been helpful. You keep assuming she gets half. As I stated before, her entitlement has already been discuss here in virginia. I would appreciate it you would just answer the question. Not assuming what if situation.
Expert:  Roger replied 2 years ago.
I'll be glad to opt out and let someone else take a stab at it......I don't understand how you have been determined to be the sole heir at law of your father IF he was married at the time of his death....that's not legally possible because she is an heir, too. The only exception I know of is if she has waived her right to inherit, but if that were done, you would not have the problem you're currently asking about. I'll opt out and let someone else assist. There's no need to respond, and you haven't been charged. Take care.

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