Legal Question in Wills and Trusts in Minnesota
Meaning of per capita in grandmother's will
My grandmother recently died and is survived by her son (my uncle), her daughter (my aunt) but was preceeded in death by another son (my father). Her will states that her assests should be devided ''in equal shares to my three children per capita''. Does ''per capita'' mean that my aunt and uncle received their third and then divide my father's third between them or that all four of us should received equal amounts? Or perhaps something else?
2 Answers from Attorneys
Re: Meaning of per capita in grandmother's will
I would have to see the exact language in the will to be sure what it means, but I would say that "per capita" does not sound very good from your perspective.
As Mr. Bradie said, per capita just means per head. I would have to see the whole will to be sure who's heads count and whose might not.
I can't tell from your question whether your grandma died in Minnesota so we are dealing with Minnesota law, or if perhaps she died as a resident of the state of Texas. Whichever it is, get the will interpreted by a lawyer who practices in the state where the will would be probated.
I'm sorry for the loss of your grandmother and also for the loss of your father.
Re: Meaning of per capita in grandmother's will
Per capita means "by headcount" of surviving devisees. Your father's portion is divided up between his siblings; they each get one half of your grandmother's estate.
"Per stirpes" means that the deceased devisee's share goes to his heirs.
A devisee is someone to whom property is given in a will. A heir is someone who would inherit as a matter of law if there was no will.
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