Legal Question in Wills and Trusts in Maryland
My mother passed away in her will she left $10,000. to each grandchild and the rest to my brother and I. My brother passed away before my mother and his sons became his heir. Are they still entitled to the grandchild bequeath and half of the remaining amount?
1 Answer from Attorneys
It depends on the wording of the will. One can leave property to a named person either "per stirpes" or "per capita." Under per stirpes distribution then yes, the children of a named beneficiary would get their parent's share as well as anything they were given directly.
While I hope the general legal information above helps, it should not replace getting specific legal advice. The facts of your particular situation may affect how general legal principles apply to you.
Cedulie Laumann
Arden Law Firm
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