Legal Question in Wills and Trusts in Pennsylvania
I am the executor of my fathers will. The will was written while he was a resident of Pennsylvania in 1998. My father was a resident of Arizona when he died in 2009. His estate is going through Probate in Pima County, Arizona.
Dad�s handwritten will is very basic. All his expenses, and mine as his executor, are to be deducted from his estate and the remainder is to be equally divided among his eight children who he names. My father�s will did not make any provision for grandchildren. He specifies his children only.
The problem is that one of my brothers died about 3 weeks before my dad. What happens to his �share� of the estate? Does it go to his estate, then his widow? Does it go to his child? Does it cease to exist?
1 Answer from Attorneys
The Will will address that. It should mention Per Capita, or Per Stirpes.
Per Capita means that the share simply does not exist. Instead of dividing 8 ways, you divide 7.
Per Stirpes means that the deceased child's share goes to his children.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
