Legal Question in Wills and Trusts in Virginia
Burial plot
If a man dies intestate in Florida leaving no will but has set up a trust fund with his current spouse as trustee and he formally lived and owned a burial plot with his former deceased wife, who now owns this plot? His new wife or his children from his former marriage who reside in the state of Virginia. The burial plot was not included in the trust fund. Also can the new wife if she has legal claim to the plot transfer by deed of gift to anyone she would like to?
1 Answer from Attorneys
Re: Burial plot
1. If a man dies intestate in Florida, Florida law controls. You need a lawyer licensed in FL to answer this question.
2. Chances are the ownership interest in the plot was addressed in the dissolution, OR they are still tenants in common as to the plot. Consult the disso decree.
3. If a man dies intestate when he is married there are some special rules about where his property is going to go - namely, and most likely to his new wife. You need to talk to a Florida lawyer.
Powell
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