Legal Question in Wills and Trusts in Pennsylvania
If a will reads that 1/3 share will go to each son or in passing to their heirs, does the 1/3 share that goes to each heir.
hire was 3 sons, all 3 sons are deceased
1 son had 2 kids
1 son had 1 child
1 son had 5 kids
if each get 1/3 does the 1/3 that is given to the heir of the 5 kids, does that get split equally among the 5 kids
1 Answer from Attorneys
The words you need to look for in the will are "per stirpes" or "per capita". If neither are used in the will, the default rule depends on the state where probate is occurring.
If I understand the facts as the decedent had 3 children (sons), but all 3 sons pre-deceased him, the answer would be as follows:
Per Stirpes: Son A's two kids each get a 1/6 share. Son B's kid gets a 1/3 share, and Son C's kids each get a 1/15 share.
Per Capita: Each grandchild receives a 1/8 share.
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.
