Asked in Real Estate Law, Estate Planning and Probate

Q: grandmother ancestral property & she passed away before resolved

If the grandmother filed a case in court asking for her share of the ancestral property and she passed away before the case was resolved, will her children may still have the opportunity to continue the case or to get her mother share of ancestral property ?

2 Lawyer Answers
Anthony M. Avery
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Answered
  • Estate Planning Lawyer
  • Knoxville, TN

A: Not sure what you mean by ancestral property. But someone must suggest death to the Court, and then move to substitute the heirs as the new plaintiff. Some States require other procedures, usually related to Probate. Children must hire an attorney now.

James L. Arrasmith
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Answered
  • Estate Planning Lawyer
  • Sacramento, CA

A: If your grandmother initiated legal proceedings for her share of the ancestral property and passed away before the case was resolved, her legal heirs, typically her children, usually have the right to continue the case. The legal process varies by jurisdiction, but generally, the heirs can apply to the court to be substituted in place of the deceased to continue the legal proceedings.

The rights to the ancestral property do not vanish with the demise of the claimant. Instead, they pass on to the next legal heirs under the applicable succession laws. It's important for the successors to act promptly, notifying the court of the death and expressing their intent to continue the case.

You should consult with a lawyer to understand the specific steps and documentation required in your jurisdiction. They can guide you through the process of taking over the legal proceedings and advise on the best course of action to pursue the share of the ancestral property your grandmother was seeking.

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