If a father dies and has a burial plot of 8 graves in his name, who has a right to them?

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If a father dies and has a burial plot of 8 graves in his name, who has a right to them?

They were not listed in the Will. 4 children and a wife were survivers. Wife re-married and had 7 more children. She died and her second husband re-married. His second wife died after 20 years of marriage. Does second husband have a right in the plot of in first father name?

Asked on October 24, 2010 under Estate Planning, Kentucky

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for all the fuss here for you.  May I ask, whose name is it in now?  If the burial plot was not listed in the Last Will and Testament, and it was in your Father's name at the time of his death, then the ownership went to the estate upon his death. Now, every Will has what is known as a "residuary" clause. It generally starts with the "rest, residue and remainder" or some such words.  The plot could have been lumped in to this clause. The beneficiary of the residuary clause would control the plot thereafter.  Check it out.

Some burial plots, however, have beneficiary forms executed with regard to ownership.  Did your Father's plot have such a form? Then the beneficiary and the beneficary's estate would now control it and its use. I would gather the necessary documents and seek help.  Good luck.


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