Legal Question in Wills and Trusts in Pennsylvania
Per Stirpes Question?
My grandmother has several children. Each child is granted something specific in the will. For example, a piece of property, stocks, etc. One clause distributes the ''residue'' of the estate to her children, to be divided equally. There is a also ''per stirpes'' clause that says if any child predeceases her, the ''share of such child'' shall be distributed to his/her per stirpes.
This is the question: assuming one of my grandmother's children predecease her, is the item (property, stock, etc.) that was designated for that child added to the residue before it is divided? Or, with the per stirpes clause, does the item ''bypass'' the residue and go directly to the deceased child's children?
The Will is unclear on this issue. It does not state, for example, ''If any of my children have predeceased me, then I direct my Executor to give that predeceased child's share to his or her issue in the inheritance that the deceased child would have received if the child had survived me.'' Nor does it explicitely says the predeceased child's share goes to the residue.
Any feedback would be appreciated. I am looking forward to your thoughts.
1 Answer from Attorneys
Re: Per Stirpes Question?
First, the point of having a residual clause is to avoid partial intestacy or lapse. A partial intestacy occurs most often in a wills where specific property is given to a specific person. As property is often acquired after the will is made. This eliminates the need for a will that needs updating every time some property is a acquired. Her residual clause also handles lapse, the possibility the beneficary dies before the person who "wrote" the will. Like intestacy there are default rules, which might not be what you want.
So if for example he child who was to inherit the silver dies before grandmother. The silver goes per the residual clause. If she had wanted to designate an alternate she would have done so in the specific bequest. This residual clause would also cover the case where the silver was left to a child that died and the alternate beneficiary also died.
Feel free to contact me if you have any further questions. I don't charge for inital consultations.
{John }
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