I'd say you were out of luck.
Activation Lock Problem
If you purchased the device second-hand, then it is useless without the Apple ID and password to which it is locked. If you don't have it, can't remember it or cannot get it, then the device is useless to you. Try to get your money refunded, if you can, or take it to an Apple store for an exchange provided they will help you. If you are the original owner, then take the device, a copy of your purchase receipt and identity proof to an Apple retailer where they may be able to assist you. For a deceased owner, you will need a certified copy of the Death Certificate, the device, proof of inheritance, a court order, and proof of your identity. Take all to your local Apple Store for help. Note: there is no guarantee that anyone can gain access to the device.
Find My iPhone Activation Lock
If you can't activate your iPhone - Apple Support
Activation Lock - Turn off Find My iPhone