Legal Question in Wills and Trusts in Ohio
Who inherits per stirpes as living lineal descendants?
My mother's Revocable Trust states that ''Upon the death of the Donor, the Trustee shall distribute the then remaining principal and any undistributed net income of the trust, per stirpes, to the Donor's then living lineal descendants.''
My mother is a single widow with 4 natural adult children and several grandchildren. If all 4 of her children are alive at the time of her death, will only her children inherit the trust assets, or will the grandchildren (and future great-grandchildren if any) be included in the distribution of the trust assets?
2 Answers from Attorneys
Re: Who inherits per stirpes as living lineal descendants?
This is indeed a very interesting question because you appear to have a possible conflict in terms. Taken literally, all lineal descendants would mean all children and grandchildren who are alive on the donor's date of death. But, the per stirpes term implies children only. This is indeed an atypical question that woul drequire some research under Washington law and may even require a court decision as to the donor's intent.
Re: Who inherits per stirpes as living lineal descendants?
That's a good question. Typically, "per stirpes" is used as in "I leave to my children, per stirpes, . . . " which means to the children, and if they do not survive, their share goes to their children. Used as you quoted it, it may well mean that "each descendant living at the death of the Donor takes a share," rather than "each child of the Donor and if the child is deceased, then the child's descendants divide the deceased child's share." I would not want to take a position with regards to your question without research. This might be a case of first impression. If you want to discuss this with me, you can reach me at (206)624-6761.Charlie Cruikshank
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