Legal Question in Wills and Trusts in Maryland
My brother, who has no spouse or children, has named myself and three other siblings as equal beneficiaries. Further, it states, "If any of my siblings should fail to survive me but have issue surviving me, then their share shall pass to such issue surviving me, per stirpes. If such sibling of mine should fail to survive me and not leave issue surviving me, then their share shall be reallocated among those siblings of mine who do survive me, per stirpes". My sister has a husband and two children. Brother A has a wife and no children, brother B has no wife or children. I'm married. If brother A dies first, how will my brother's estate be divided between me, my sister, and brother B?
1 Answer from Attorneys
"Per Stirpes" means the property goes down to any children/grandchildren of the named beneficiary if that beneficiary dies before the person who made the will.
"Issue" means descendants who come from the named person.
That being said, in the hypothetical the distribution would be allocated among the surviving siblings. Please keep in mind that no one knows with certainty who will survive whom and that when someone does pass it is wise to seek legal counsel in managing the estate.
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