Legal Question in Wills and Trusts in Maine

When 3 families receive their proceeds from an estate sale, does each person get an equal share or does each family get an equal share and then dispersed equally to each person within their family?


Asked on 1/29/10, 3:27 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

That is an unusual question because a Will typically names specific beneficiaries (ie- divide estate proceeds equally between my 3 sons) and those individuals can do what they wish with their families. In a situation without a Will, the beneficiaries are named by statute, but the result is the same.

However, your question may refer to the situation where the Will leaves the proceeds of the estate to my 3 sons equally, and if none of those 3 survive, then their "issue" (children but not families in the sense of spouses) will take their share. The Will can designate if each branch of the family all the issue share equally (per stirpes) or if the issue of each predeceased son (regardless of how many issue there are) collectively share. (per capita)

The application of the formula is complicated and very specific to a family tree. Usually the intention is for it to go per stirpes.

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Answered on 2/04/10, 7:07 am


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