Legal Question in Wills and Trusts in Florida

My mon died 3/26/09 and left her 6 kids a will stipulating all her estate be split 6 ways even up. She owned 3 or 4 cemetary burial spaces. The spaces did not go thru the probate, only the home she lived in which is in all 6 of our names. Should they have been included in the probate? If one of us dies now would we have legal rights over 1 or more of the spaces? Could anyone of us sell any one of the spaces without consent of the others (I would never)?


Asked on 3/29/10, 9:40 am

1 Answer from Attorneys

Ronald Jones Ronald A. Jones, PA

First, they probably should have been included in the probate; but from a practical viewpoint, frequently people forget about burial plots when doing probates. Second, the estate could probably be reopened one way or another to include the burial plots; but the problem is that frequently these things are not all that valuable or saleable- most people want enough burial plots for their entire family, and depending on where the lots are located someone might not want one lone plot next to your mother and/or father. Honestly, if this is an issue talk to the lawyer about reopening the probate, either by having letters reissued and deeding it over to one or more children or if it was summary administration by bringing some sort of amended or corrected petition to transfer the lots. But, as I said, cemetery lots are usually not all that valuable and it might be more trouble than they're worth.

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Answered on 4/03/10, 9:59 am


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