Q: Two sons, 1 living (personal rep) and 1 deceased. Is heir the 2 living daughters of deceased son or surviving spouse?
2.1. Igive and bequeath all my tangible personal property not otherwise disposed of to my children or whichever one or more survives me….
3.5.
To my spouse, if my spouse survives me.
If my spouse fails ot survive me, my Residuary Estate shall be divided into equal separate shares so as to provide one share for each child who survives me, and one share for each child of mine who predeceases me with issue then living, to be divided per stirpes among such issue. Each share so provided for a child or issue of a deceased child shall be distributed outright ot such beneficiary. Notwithstanding the foregoing, if any such child or issue of a deceased child is a minor at my death, such share shall be distributed in accordance with Section 3.5 below.
5.2. For al purposes hereunder, the term "descendants" and "issue" means the biological children of the person designated and the descendants of such children, and includes any person adopted
A:
Based on the limited information provided in your question, it appears that the estate should be divided between the surviving son and the children of the deceased son. The surviving son would get 50%, and if the two living daughters of the deceased son are the only issue of that son, they would each get 25% of the estate.
This assumes that the Testator's spouse predeceased them, and that the two sons are the only issue of the Testator, and that the two daughters were the only issue of the deceased son. I recommend finding a local probate attorney to consult with for more specific guidance on your particular issue.
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