Legal Question in Wills and Trusts in Iowa

My mother's will it states that her estate sould be divided equally between my brother and me per capita and not per sterpes . my brother passed away 2 years ago . Does his portion of the estate now go to his daughter ?


Asked on 10/10/10, 7:14 am

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

No. Per capita means "by the head" which essentially means whoever is still alive. Per stirpes means "by the roots" or to the heirs of the legatee if the legatee has died.

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Answered on 10/15/10, 7:34 am


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