Q: beneficiary question
will reads I leave my estate to my children, if any, who survive me in equal shares, per stirpes - have received two different answers for what this means - the first lawyer I talked with stated that the estate would be divided between the three alive children and then the fourth share would be divided between the two nieces of a deceased child - the second lawyer stated that since the beneficiaries are my children if any who survive me it would be divided among the three living children only since per stirpes cannot be used to extend the beneficiaries from one generation to the next. That if the will would of read to my descendants that survive me it would of went according to the first lawyer but since it stated specifically children who survive me per stirpes would not apply.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- New York
- (646) 775-3455
- View Profile
- Answered
A: Since it conditions it upon surviving the maker of the Will, it would be be divided among the living children with no share will be given to the children of any child not living at the time of the maker's death. Per stirpes is inconsistent with the "who survive me" wording. That leads me to believe it was a poorly drafted Will. I suggest you engage an attorney to see if the inconsistency can be resolved. Otherwise, there will likely be a challenge to the Will.
1 user found this answer helpful
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.
