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    sistahbigbones's Avatar
    sistahbigbones Posts: 1, Reputation: 1
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    #1

    Jan 20, 2008, 08:04 AM
    Contest of Florida property sold with undisclosed burial site
    After my father died, my step-mother sold the property of our once family home, which included the remains of my two brothers, without consulting us or disclosing the burials to the organization that she sold them to.

    When my father buried the remains (cremated, vaulted) of my two brothers, he failed to register the burials with the proper authorities.

    Do the remaining family members (4 sisters and 1 wife of the deceased in question) have a right to contest the sale, in hopes of eventually re-obtaining the property?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Jan 20, 2008, 08:26 AM
    No they can not contest the actual sale, You can of course first just ask the new owners permission to obtain the remains. And then file in court for permission to enter the property to get it. Of course you would be responsible for all of the costs of repairing their property.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 20, 2008, 10:35 AM
    Quote Originally Posted by sistahbigbones
    After my father died, my step-mother sold the property of our once family home, which included the remains of my two brothers, without consulting us or disclosing the burials to the organization that she sold them to.

    When my father buried the remains (cremated, vaulted) of my two brothers, he failed to register the burials with the proper authorities.

    Do the remaining family members (4 sisters and 1 wife of the deceased in question) have a right to contest the sale, in hopes of eventually re-obtaining the property?

    No, you have no grounds to contest the sale.

    If the new purchasers have a problem with the property being the site of two burials they probably have grounds to set the sale aside - but that's up to them.

    (Assuming the property belonged to your stepmother free and clear it would appear that she had the right to sell the property without notifying or advising you, burial sites notwithstanding.)

    Your sister-in-law knew your father buried her husband's remains illegally?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jan 20, 2008, 02:58 PM
    I am not sure that burial of "ashes" are actually illegal, it is not like a real body, and many people have the ashes scattered around their home, in their garden, at sea or more.

    So it is not like a real grave site that has a lot of laws restricting it.

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