Thd x-wife had been previously married and had one son when remarried. The son died, leaving his life ins. to ex-husband because of guilt. Wife and husband were divorced at the time of the boys death. X-hus. told x-wife he would take care of paying for grave site using son's life insurance BUT he put the grave site into his own name. The son was NOT his son. Now, because wife divorced him he won't turn over ownership of the grave site and has held it hostage for over 25 years. What kind of lawsuit can be filed, can it be a case for punitive, etc. damages and what kind of atty. would you look for. X is in nursing home and remarried. X-wife afraid if he dies the grave will be owned by new wife.
OK, I'll try to reword this to make it easier understood. This is NOT a probate question. This is NOT an insurance claim question. It IS a question that concerns a mother trying to get ownership of her son's grave from an ex husband. The mother had been married and had one son as a result of that marriage. She divorced that FIRST husband. Then, she remarried. This is a SECOND husband. The mothers son came to this area (he had been living in a different town) and got a job. The job was closer to the second husbands home so the son moved in with the second husband temporarily.
Start with talking to a Probate Attorney first. Contact your county bar for an affordable referral.
Divorce / Separation Lawyer
This question does not involve divorce law. Before you try to contact any type of attorney, ask yourself what evidence you have that might justify your belief that you have a good cause of action.
That is a confusing question but it sounds like, since 25 years have gone by, that there is likely no legal action available.
It doesn't sound like there is a lot of money available so if mom wishes to be buried next to son then she should talk to X and work it out. It may be possible to bury mom in same grave as son if that is her wish.
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General Practice Lawyer
This sounds like a mess to sort out and the amount of time that has passed may prove to be an obstacle. While I do not know, I wonder if the mother would have all the say regarding the son's burial location. It may be more certain and less costly to inquire into and consider the purchase of burial plots and arrange for the son's remains to be moved.
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