Legal Question in Wills and Trusts in Pennsylvania

If its per stirpes each of the sisters thirds would be inherited by each sisters heirs.

At least that's how I recall it from my estates class. If there was a will then it should instruct you how to divide the property. Otherwise the laws of intestacy apply.

{John}

Attorney Davidson's above-referenced answer is correct, but perhaps I can simplify the matter.

Starting with the grandparents you would look to see which one of them died last. Once you determine that, you would look to see if that grandparent had a Will. If so, you would then need to read the Will to determine how the assets would pass. For example, if granddad died last and his Will says I leave everything to my wife if she survives me and if not to my three daughters in equal shares, then it would be interpreted as meaning that each of the three daughters would have also had to survive dad for their respective one third interests to vest. However, if the Will specifically states that the contingent gift to the daughters is made "per stirpes" or states that if a daughter should predecease that her children will inherit her share, then the share would pass down to the grandchildren. So, if the Will does not reference per stirpes distribution or state that the grandchildren would receive their deceased mother's share, then what could happen would be that, if 2 of the 3 daughters died before the last of their parents died, the sole surviving daughter would inherit everything.

If the last of the grandparents died without a Will, then his or her estate would pass in accordance with the Pennsylvania laws of intestacy. In that case, it wouldn't matter if one or more of the daughters would have died before their parents did. Their surviving children (the grandchildren) would inherit their respective share. So, acccording to the information you provided and assuming that the last grandparent to die had no will, then the estate would pass as follows: Sister with three kids would each have a 1/9th interest in the estate; sister with 2 children would each have a 1/6th interest; and the sister with only one child would have a 1/3rd interest.

Hopefully, that sheds some light on the matter for you. If you would like to discuss this matter with me further, please feel free to contact me directly either through our website at http://www.americanwillsandestates.com or by email at [email protected]. Thanks.

Lloyd A. Welling, Esq.