What happens if both my uncle and grandfather past away and left a portion of their estate to my late father per stirpes?

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What happens if both my uncle and grandfather past away and left a portion of their estate to my late father per stirpes?

My father recently passed away and neither of the estates have been fully distributed. Would my sibling and I be entitled to equal shares based on the Wills written per stirpes or does it go off how my father wrote his Will?

Asked on June 27, 2014 under Estate Planning, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Based upob what you have written about you and any siblings would share in your grandfather's estate in accordance to what your father was to receive per allocation of the number of children he has. That essentially is what "per stirpes" means. Your father's Will does not determine what you would receive under your grandfather's estate.


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