Legal Question in Wills and Trusts in Indiana

What does pre capita but not pre stirpes mean if one of the sons ( beneficiaries) had predeceased the will maker and has 2 living heirs? Will all shares go to the only living son? Or will it be the divided amongst the only living son and the deceased sons heirs?


Asked on 2/25/17, 6:48 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

If an heir is listed per stirpes, it means that his/her children get their inheritance if they predecease the maker of the will. If it says per capita, the share of the predeceased heir goes back into the kitty, to be distributed amongst the remaining original heirs.

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Answered on 2/25/17, 5:21 pm


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