Legal Question in Wills and Trusts in Kentucky

Re: Per Stirpes

Before litigating, perhaps you should offer family mediation before a trained Elder Care Mediator to resolve the dispute

Re: Per Stirpes

First, it is not a gray area at all. The father is correct. Here is the definition for per stirpes:

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred�s will states that heirs of a deceased beneficiary are to receive the property "per stirpes," Julie will receive one-half of the property, and Alan�s two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred�s will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

http://www.nolo.com/definition.cfm/Term/42A2A88A-BAAC-4F04-BD6A57AF8C12B5A8/alpha/P/

Re: Per Stirpes

"Per stirpes"

From Wikipedia, the free encyclopedia:

Per stirpes is a Latin phrase (meaning per branch) used in wills that specifies that each branch of the testator's family is to receive an equal share of the estate.

As an example, suppose that the testator is A, whose will specifies that his estate is to be divided among his children per stirpes. A has three children, B, C, and D. B is already dead, but has left two children (grandchildren of A), named B1 and B2. When A's will is executed, under a per stirpes division, C and D each receive one-third of the estate, and B1 and B2 each one sixth, because their "branch" of the family has received one equal share. Under a per capita distribution, each of the surviving descendants B1, B2, C, and D would have received one quarter of the estate.