Legal Question in Wills and Trusts in Virginia
current law on distribution per stirpes
My grandfather died in 1974.He was survived by wife and 4 children.His Will states estate not to be settled until death of his wife and at her death assets to be divided to 4 children,per stirpes. Thus,prior to death of wife 1 daughter died survived by 2 children; the son died with no children, and the wife died last. Assets were distributed to 2 remaining daughters and 2 nephews. Now, 2 yrs later, wife of son who died is claiming she is entitled to a distributive share.Does per stirpes mean the assets go to blood-line and spouses not included? Does VA law provide some clause that this surviving wife is entitled to share? The son died with no Will and no children.Since he died after his mother would that not say he is no longer a vested part of his father's Will? The family does not feel this aunt/sister-in-law should be entitled to any assets and we would like to get this settled amicably without having to drag this matter through the court system.
2 Answers from Attorneys
Re: current law on distribution per stirpes
There are just too many missing facts to be able to answer this question as stated. The first place to start would be to know exactly what the Will provided. Also, under what authority were the assets distributed? Was the wife the mother of all the children? Finally, the statement is inconsistent; did the son die before the wife or not?
Re: current law on distribution per stirpes
Per stirpes means that the devisee(the one who inherits under a will)takes the representative share which his or her predeceased ancestor would have taken if this person had not died before the
will at issue was probated.
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