What is the name of your state? Texas
Here's the situation: A husband and wife jointly owned two cemetery plots. They divorce, and the divorce decree states that the plots should be sold and that the proceeds are to be divided equally among husband and wife. However, this was not done. Many years later, the wife dies and the husband is nowhere to be found. The wife's will was probated as a muniment of title and the probate estate has since been closed (with nothing done about the cemetery plots). Now, the wife's sole heir wants to sell the plots (which should have been done after the divorce) and to get her share of the proceeds. The funeral home won't do this and said that the consent of the husband is needed (who cannot be found) or a Court Order. My question is this: which court to go to for this order (probate or family court) and what kind of order do you ask for? More specifically, who do you articulate to a court what it is we need? ie, what kind of pleading or what kind of proposed order? I have asked many lawyers and they do not know what to do. Any help would be appreciated.
Here's the situation: A husband and wife jointly owned two cemetery plots. They divorce, and the divorce decree states that the plots should be sold and that the proceeds are to be divided equally among husband and wife. However, this was not done. Many years later, the wife dies and the husband is nowhere to be found. The wife's will was probated as a muniment of title and the probate estate has since been closed (with nothing done about the cemetery plots). Now, the wife's sole heir wants to sell the plots (which should have been done after the divorce) and to get her share of the proceeds. The funeral home won't do this and said that the consent of the husband is needed (who cannot be found) or a Court Order. My question is this: which court to go to for this order (probate or family court) and what kind of order do you ask for? More specifically, who do you articulate to a court what it is we need? ie, what kind of pleading or what kind of proposed order? I have asked many lawyers and they do not know what to do. Any help would be appreciated.