Sister in law wont replace headstone!!

[Spellkaster]

My father in law passed away over a year ago.

My sister in law connend him into changing the will in her favour.

It is with concern that the sister in law has not replaced the headstone down at the cemetary.

She paid a measly £80 for a small tacky wooden cross which only bears the father's name on it and not the mother's.

Seeing as she has had all of the money from the estate is their anything we can do about it as she was also executor for the estate.

[Amethyst]

Re: Sister in law wont replace headstone!!

Was your father-in-law buried in the same plot as your mother-in-law ? ( just checking) Was their a headstone for your mother-in-law before your father-in-law passed away?

[Amethyst]

Re: Sister in law wont replace headstone!!

Okay this is a bitty from Manchester council

The erection of a permanent memorial on a grave, and the inscriptions on that memorial, can only be authorised by the Registered Grave Owner. When the Registered Grave Owner dies, the title of the grave passes to the executors or administrator of their estate.

The Registered Grave Owner (or the executors or administrator) however, can transfer the title of the grave to another person. Transfers of Title are not valid unless they have been registered at a cemetery office, from where you can get advice on the procedure, and the relevant forms. In cases where there are no executors to the estate, the transfer can then only take place if all siblings of the Registered Grave Owner are in agreement for one member of their family to take ownership of the grave.

http://www.manchester.gov.uk/info/20.../5084/graves/4

So it sounds as though you need to formally ask your sister-in-law to transfer the title to you/your husband/wife ?

[Spellkaster]

Re: Sister in law wont replace headstone!!

My husband paid half towards the original cost of the headstone.

Yes, the mother was buried before the father and it was a double plot. The father was buried ontop of the mother.

The sister was sole executor of the estate.

My husband and his sister are not on speaking terms because of what she did.

[Amethyst]

Re: Sister in law wont replace headstone!!

So when his mother was buried there was a 'proper' headstone. When his father was buried that headstone was removed and replaced with a simple cross without his mothers name on.

Has there been any explanation why she hasn't put the original headstone back with your F-I-L's name added ? or had a new one with both names added ? ( presumably there was some discussion if they have ended up not speaking )

[Openlaw15]

Re: Sister in law wont replace headstone!!

My father in law passed away over a year ago.

My sister in law connend him into changing the will in her favour....Seeing as she has had all of the money from the estate is their anything we can do about it as she was also executor for the estate.

What would you like to do about it, and which things do you refer to when you say, to do something about it. I ask because am not sure what you mean and do not want to direct if it was not your request to be directed in a particular direction. Was it about challenging the will that you seek an opinion on or what is to do with title to gravestones?

[Spellkaster]

Re: Sister in law wont replace headstone!!

So when his mother was buried there was a 'proper' headstone. When his father was buried that headstone was removed and replaced with a simple cross without his mothers name on.

Has there been any explanation why she hasn't put the original headstone back with your F-I-L's name added ? or had a new one with both names added ? ( presumably there was some discussion if they have ended up not speaking )

She was only interested in receiving the money from the estate so she could be "mortgage free".

There was never any disussion about the headstone being replaced.

I thought it was legal for an executor to replace the headstone.

[Spellkaster]

Re: Sister in law wont replace headstone!!

What would you like to do about it, and which things do you refer to when you say, to do something about it. I ask because am not sure what you mean and do not want to direct if it was not your request to be directed in a particular direction. Was it about challenging the will that you seek an opinion on or what is to do with title to gravestones?

The father in law put a clause in the will preventing anyone from challenging the will.

His sister had influence over the father and said in front of witnesses that she "wanted to be mortgage free at a certain age".

I thought that it was legal for an executor to change the headstone.

As the sister in law received most of the money from the estate she has no execuse.

We did ask at the time of when the will was being sorted out we enquired about the lack of headstone only for the solicitor to make a claim it was being done, but it clearly has not.

We feel it is an insult on the sister in law to completely ignore headstone replacement.

[Openlaw15]

Re: Sister in law wont replace headstone!!

She was only interested in receiving the money from the estate so she could be "mortgage free".

There was never any disussion about the headstone being replaced.

I thought it was legal for an executor to replace the headstone.

The executor (male)/ executrix (female) is appointed by the testatator (male)/ testatrix (female) to deal with the person's estate. So anything to do with the deceased's estate falls to, in your situation, the executrix.

The executrix can gift the title to you but it must be done formally by completing documents (ie registration) at the cemetery office. Title means ownership as right now the sister in law has ownership of the grave, if that was the testatrix's intent in her will.

[Openlaw15]

Re: Sister in law wont replace headstone!!

The father in law put a clause in the will preventing anyone from challenging the will.

His sister had influence over the father and said in front of witnesses that she "wanted to be mortgage free at a certain age".

.

A clause in a will by the testator (ie father in law) would not stop the court investigating it. If the testator were to have been unduly influenced the will technically could be challenged. Why would the father in law have left so much to his daughter (your sister in law)? What did he leave to your husband (the father's son)? Conned is a strong term, why do you believe he was conned into favouring his daughter? How many sons and daughters (including your husband) did your father in law have? Were there any other relations too?