Can our aunt take our grandfather's inheritance?
Can our aunt take our grandfather's inheritance?
"I'm wondering about the inheritance of my grandfather, who died a few months ago. He was divorced and had only two children: my father, who died long before him, and my aunt, who is still alive. My sister and I are afraid that she wants to take the whole estate.
In fact, so far nothing has happened. Do we ourselves have to take steps to share the estate, or is it automatic?
G, Onex.
According to your description of the situation, the remaining descendants are yourself, your sister and your aunt. The law provides that a predeceased father or mother is represented in the succession by his or her children. In your case, you and your sister represent your father in your grandfather's estate. This means that the share that your father should have received will revert automatically to you and your sister.
Your father would have been entitled to half of your grandfather's estate. You will share this half with your sister, which means that you will receive a quarter of the estate, unless your grandfather provided otherwise; he could, in fact, have changed the distribution of his assets by will or inheritance agreement. However, as a reserved heir, your father was in any case entitled to three quarters of his inheritance. This right belongs to you today.
If there are several heirs, all the rights and obligations included in the estate remain undivided until it is divided. If you form a heirship with your sister and aunt, you will own the estate together until it is divided. However, you may bring an action for partition at any time. You can therefore take legal action immediately, but be aware that this action is not subject to any statute of limitations and has no time limit. However, you must bring the action against all the heirs and provide a precise and exhaustive list of the property to be divided, together with an estimate of its value.
Your aunt cannot set you aside in this estate without breaking the law. As long as the division has not been carried out, you are joint owners of the property included in the estate and no heir may dispose of it without the consent of the others.
