Q: How to calculate allotment to estate beneficiaries
There is a simple family structure:
* two grandparents, both alive, still married, no prior marriages
* two children, both alive and both married, no prior marriages
* The older child has no children
* The younger child has one issue (the grandchild), alive, unmarried
The grandparents have a Will that states that their estate is split between the two children and the grandchild at 45%/45%/10%.
For each of the three beneficiaries, the will states “…if the beneficiary is not then living and not survived by issue, said share shall be distributed pro rata among the (other two) beneficiaries”
Question: in this situation, if the younger child dies before grandparents, what percentage of the estate will be received by the older child and what percentage to the grand child.
A: In this scenario, because the grandchild is the deceased child's issue, they would likely take their parent's full share, giving them a 55% share of the estate. However, it would be difficult to give a firm legal opinion on this matter without reading the document.
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