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 ?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (865) 637-3035
- View Profile
- Answered
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
