Legal Question in Wills and Trusts in Alabama
Does it pass to the next generation
In my grandmother--name removed--will, she states that she leaves the homestead to any and all of her children to share and share alike. Over half of her children are deceased now and did not mentioned the property in their wills. Does ''Any and All'' mean that their share of the property pass down to their children or does the property belong only to the remaining children?
Asked on 6/18/04, 11:23 pm
1 Answer from Attorneys
Bobby Lott, Jr.
Attorney at Law
Re: Does it pass to the next generation
Look and see if the will mentions "per stirpes" or "per capita".
The former means that grandchildren will take their respective share.
The latter means that only the remaining children will share.
Answered on 6/29/04, 9:58 am
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