
What if the father died before the grandmother, but the aunt took all of the grandmother’s property? The grandchildren become substituted heirs who inherit in place of the father’s share, and their right to claim the reserved portion is also recognized. However, claims for the return of the reserved portion are subject to a 10-year preclusion period from the opening of the inheritance, and this period cannot be stopped by a certified letter or mediation.
This article summarizes the requirements for substitutional inheritance, how to calculate the reserved portion, the emergency response sequence when the preclusion period is approaching (confirm the date the inheritance opened → identify the asset status → consider provisional seizure → file a lawsuit), and how to trace inherited assets transferred by sale, based on real consultation cases.
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