Legal Question in Wills and Trusts in Alabama
Dead daughter's mother died. Father died a few years earlier. Is dead daughter's children have any claim to their grandmother's estate?
1 Answer from Attorneys
Unless "dead" Grandmother had a will, or last will and testament that says otherwise, the grandchildren should have a claim through their parent's estate. If your mother survived your Grandmother, then it is your mother's estate that has a claim, and it follows, unless your mother disinherited you by a will, you would have a claim as well. If we are talking about land, also known as "real property", then the claim you have to a portion of that land comes by "operation of law" and no estate would have had to have been openend. Of course, to get clear title, and buy title insurance on any sale of the property, much documentation may be required to ascertain "who" the proper heirs are and what their specific interest amount in that land is. If this land or your grandmother's estate had any significant value, don't wait, these things don't get better with time. -Dean.