Expert: Charles W. Field - 12/19/2005

Question
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Followup To
Question -

My mother and father purchased several cemetery plots approximately 45 years ago. Somehow the deed to these plots wound up in my brother's possession. My brother has since passed away and his wife still has the deed in her possession. There are five remaining unused plots. My parents had no will, so therefore no executor, and as far as I know the deed remains in their name. I am the only surviving child and I would like to know what I need to do to retain possession and insure she does not sell or give away these plots. I had rather not talk with her or have any communications with her at all. Thank you for your time.
Lucille Smith
Greenwood, Ms  

 



Answer -
You can go to the clerk of court in the county where the plots are located and get certified copies, assuming their records go back that far. The certified copies are as good as the originals.

My concern is since this sister-in-law has a copy and I get a certified copy from the county, what is to keep her from selling the remaining plots?  I do believe she is holding on to this deed due to the fact that she and my brother adopted a child and she now is grown and has married and has two children and the fact that she has possession of this deed she feels that she has plots for the daughter and her family, which would take up four of the five remaining plots.  This woman is a sister-in-law who has since the death of my brother remarried, therefore she should not have this deed at all.  Your advice in my situation is most appreciated.

Answer
Since there was no will, the proper procedure is to apply to the court to be appointed as Administrator of the estate. This is very similar to an Executor. As Administrator, you take control of the estate. If she refuses to release the original deeds, you are good to go with the copies. Consult with a local attorney about this process. If she tries to sell just because she has the deeds, she will be indebted to the estate.