Legal Question in Wills and Trusts in Ohio
Legal terminology used in a will
If a will made out by person A states that the estate be divided 5 ways equally, to be a per capital distribution, and one of the 5 named on the will, person B, dies before the death of person A, who made the will, following the death of person A, do the survivors of person B receive a share of the estate? Thank you for your help.
Asked on 7/25/07, 3:03 pm
1 Answer from Attorneys
Christine Socrates
Meyers, Roman, Friedberg & Lewis
Re: Legal terminology used in a will
Since person B predeceased person A, and the distribution was per capita, the share that B would have received would go to the remaining 4 beneficiaries and not B's survivors. In contrast, if the will stated a "per stirpes" distribution, B's survivors would have received B's share.
Answered on 7/25/07, 3:37 pm
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