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Home > Law > Real Estate Law   »   Cemetery Deeds Inherited?

 
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Old Jul 2, 2009, 06:23 PM
LJNMC1800
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Cemetery Deeds Inherited?

There is an old family plot in a local Louisiana cemetery which the deed is in my great grandmother's name. Can this deed be brought down thru the generations and put in a living person's name. If so, how?
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Old Jul 3, 2009, 05:12 AM   #2  
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Did you just discover this deed? It could be a compicated question even without the fact that Louisiana law is somewhat unique. Leaving that wrinkle aside, it would go something like this:

I would start by looking into whether your great-grandmother's estate was probated, and when. If so, presumably, the executor, personal represenative, (or whatever Louisiana calls it), overlooked that property. In theory, the estate could be re-opened to to administer a later-discovered asset.

The same procedure would have to be gone through with your grandparent, and your parent, to bring it to you. I would guess that all of this would not be worth the trouble.

I would suggest that you talk to the cemetery and inquire whether some sort of arrangement can be made.
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Old Jul 5, 2009, 01:41 PM   #3  
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Quote:
Originally Posted by AK lawyer View Post
Did you just discover this deed? It could be a compicated question even without the fact that Louisiana law is somewhat unique. Leaving that wrinkle aside, it would go something like this:

I would start by looking into whether your great-grandmother's estate was probated, and when. If so, presumably, the executor, personal represenative, (or whatever Louisiana calls it), overlooked that property. In theory, the estate could be re-opened to to administer a later-discovered asset.

The same procedure would have to be gone through with your grandparent, and your parent, to bring it to you. I would guess that all of this would not be worth the trouble.

I would suggest that you talk to the cemetery and inquire whether some sort of arrangement can be made.
Thanks for responding. I don't have any idea where to go with this.

We have known for quite some time the deed was there but no one got involved in it. I spoke with the City which owns the cemetery and was told if I obtained an affidavit from the grandchildren, we could have it transferred. There were only 2 grandchildren and I got their affidavit and presented it to the City. The cemetery personnel turned it over to the City Attorney and that is where the problem is.

There was no probate of the estate. There was a family home which my grandmother sold and four of her sisters signed for the sale. The only other sibling was a brother which had already died so his signature was evidently not needed. Neither his wife nor their children signed for the sale. I brought these papers to the City Attorney and was told this did not help and if I found anything else, he would look into it.

I have been in contact with most of the great grandchildren and none of them will be buried in this town. They were born and raised in various other parts of the country and will not be returning here.
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Old Jul 5, 2009, 06:09 PM   #4  
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Quote:
Originally Posted by LJNMC1800 View Post
... I spoke with the City which owns the cemetery and was told if I obtained an affidavit from the grandchildren, we could have it transferred. There were only 2 grandchildren and I got their affidavit and presented it to the City. ... I brought these papers to the City Attorney and was told this did not help and if I found anything else, he would look into ....
You need to getthe City Attorney to tell you exactly what else he /she requires.
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