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Can a cemetery co sell one of your plots that you own

Customer Question
Can a cemetery co...

Can a cemetery co sell one of your plots that you own without your knowledge or your permission? If not, what is my recourse?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Calif

Lawyer's Assistant: What steps have you taken so far?

I've contacted them and their offer was to replace both plots with 2 others and to waive the opening and closing fees. My mother bought these plots in 1954 for our family. In Oct 1996 she signed them over to me as no other family member lives here. I went to the cemetery as I wanted to put them on the market and found that the company had buried another person in one of our plots in 1991

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

They then today offered me $10,000. For both and to sign off on any and all future holdings.

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/28/2018
Real Estate Lawyer: Infolawyer, Lawyer replied 2 months ago
Infolawyer
Infolawyer, Lawyer
Category: Real Estate Law
Satisfied Customers: 62,167
Experience: Experienced lawyer
Verified
Absolutely not. That lot is reserved and may not be sold absent owner consent.Please let me know if the reply is acceptable by responding “yes” or “acceptable”
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Customer reply replied 2 months ago
They are telling me that the Cemetery was under a different management co. Plot was sold by a Charles Louis Hinkle. If I die I will be responsible for their Atty fees
Real Estate Lawyer: Infolawyer, Lawyer replied 2 months ago
No basis to sell your lot. The cemetery can change ownership or management but lots are individually owned.
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Real Estate Lawyer: Infolawyer, Lawyer replied 2 months ago
Please let me know if the reply is acceptable by responding “yes” or “acceptable”Please select the 5 star (*****) rating on your page for the answer. That’s how I get paid by the site. Much appreciated!
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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).

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