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
  • 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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.