My wife is the executrix of her deceased mother's estate. The will states that her house is to be sold, and the proceeds of the sale divided equally between her 5 children, or their heirs. If one of the male children is deceased, does his share go to his wife or his children?
1 Answer from Attorneys
The exact language of the Will controls. If the Will states "to my children, x,y,and z PER STIRPES" then your deceased brother-in-law's children would receive his share. You should have the estate lawyer review the Will to give your wife the appropriate guidance.
I hope this helps!