If my mother dies without a Will, what form is needed to get brothers to sign off having any interest in 2 cemetery plots that were in her name?

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If my mother dies without a Will, what form is needed to get brothers to sign off having any interest in 2 cemetery plots that were in her name?

I just found deeds to 2 cemetery plots. They need to be consolidated under one name before they can be sold. Also, I took care of my mom for her last years. All money was in joint accounts; she didn’t have other assets so had no Will.

Asked on January 5, 2014 under Estate Planning, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Based upon what you have written when there is no will to name an executor, state law provides a list of people who are eligible to fill the role. If a probate court proceeding is necessary, the court will choose someone based on that priority list. Most states make the surviving spouse or registered domestic partner, if any, the first choice. Adult children are usually next on the list, followed by other family members. You then get an order from the court stating who is on title to the cemetary plots so they can be later sold.


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