Orchard Park, NY asked in Estate Planning and Real Estate Law for New York

Q: What is meant by I leave my estate to my children, if any who survive me in equal shares per stirpes

My mother died and this is how her will read. Do the children of a deceased daughter then have a right to that daughters share or since the daughter predeceased the mother are they excluded. I have received different answers, since the will stated first to my children if any who survive me in equal shares, per stripes since it did not state descendants but a specific group children that would negate any children heirs that predeceased her.

1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: It means that if a child of your mother predeceased your mother, then that child's children (your mother's grandchildren) inherit the deceased child's share.

Benjamin Z. Katz , Anthony M. Avery and Tim Akpinar agree with this answer

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