Legal Question in Wills and Trusts in Indiana

In my mothers will 2 property's which are in her name are to be divided between my brother and myself. Then under residual assests my brother ,myself and per stirpes is listed. Does the per stirpes apply to the real estate even thou per stirpes is not listed under the real estate section?


Asked on 4/06/11, 3:11 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

The entire will would have to be reviewed before your question can be answered. However, if she has died and both of you are still alive, it does not matter as "per stirpes" language only applies if one of the heirs is dead. Please do not interpret the next sentence as an indication of an answer to your question. However, if she is still alive, it would not hurt to have the language clarified in order to limit interpretation.

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Answered on 4/07/11, 5:05 am


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