Q: Do I own four cemetery lots if left to me in father's will, despite unsigned list of burial rights?
My mother purchased four cemetery lots and created an unsigned list with the names of who could be buried there. Her will left everything to my father without mentioning the lots. Upon his death, he left the remaining two lots to me. The lots are registered in her name, and some relatives have expressed interest in using them. Do I have ownership of the lots, or do the relatives have burial rights?
A:
Based on your father’s will, you likely inherited the two cemetery lots he left to you, even though your mother’s unsigned list of burial rights does not have legal authority on its own. The key issue here is the ownership of the lots, which seems to be tied to your mother’s name, but your father’s will may have passed ownership of the lots to you as part of his estate. Since the lots were not explicitly mentioned in your mother’s will, it’s possible they passed to your father and then to you.
Even though the lots are registered in your mother’s name, her will might not have addressed these specific burial rights. If your father was the sole inheritor of the lots upon your mother’s death and you inherited them from him, you would most likely have full ownership of the lots now.
However, if other relatives believe they have burial rights based on your mother’s list, you may want to clarify the legal status of these rights. It might be helpful to consult with an attorney to confirm your ownership of the lots and to prevent any potential disputes over burial rights.
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