I am the executor of my father's trust. One son has died, and there in money still in the trust. My father gave each son "in equal shares, share and share alike, or to the survivors of them, per captia and NOT per stripes."
Does this mean the two remaining sons spilt the amount in the trust or does the daughter of the son which died gets the deceased son's share?
2 Answers from Attorneys
Based upon what you have stated, the heirs of the deceased son get his share.
I agree with Donald Scher. Assuming the deceased son had only one child, a daughter, she would take the entire share of her deceased father.