Q: What is my duty for determining if my half-sister inherits the mausoleum I just discovered my dad bought long ago?
My dad bought a mausoleum for two caskets in Virginia about 1972 for him and my mom, with my sister and me mentioned in the deed. He and my mom divorced about 1975, and he remarried a few years later, to a woman who already had a daughter. I don't know if dad had a will that included his new family (I am in possession of the wills he and my mom made about 1972), but his new family in California took everything when he died nine years ago, and they cut off all communication with me, talking with my sister only in attempts to obtain all the property they could from her. After my mom recently passed away, I discovered the deed for the mausoleum. The cemetery recognizes my sister and me, but does not know about my dad's other family. My sister and I would like to sell the mausoleum (which isn't worth much), but I'm wondering if I need to do anything about letting my half-sister know about it?
A:
While you have no duty to do anything, you could become guilty of theft by fraud if you sell the interest in the mausoleum and your dad left his interest to someone other than you.
You say that you and your sister are "mentioned" in the deed. If not apparent from the language in the deed, you should take the deed to any attorney in or near the county where the mausoleum is located to determine if the deed conveys title to the mausoleum to you and your sister outside of his probate estate. There are instruments like Lady Bird deeds and transfer on death deeds that can convey interests in real property outside of what may be stated in a Will or the heirs at law determined in a probate proceeding. It is also possible that you and your sister are named as joint tenants with right of survivorship such that the mausoleum interests passed to you and your sister upon the death of your mom and dad.
You might also check your parents' divorce decree (which should be a matter of public record). The decree may state that the mausoleum interests are being held for you and your sister or belong to you and your sister.
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