Jason Whitesides passed away with a will that awarded his estate to his children or grandchildren if his children predecease him. The will directs a per stirpes distribution. Jason has three children, Joan, John and James. However, James died one year before Jason. James is survived by two children, Jack and Jane. How is the estate to be distributed?

Question

Quizplus · Accepted Answer

In a per stirpes distribution, the estate is divided equally at the first generation level, regardless of whether any members of that generation are deceased. Since James predeceased Jason, James's share is equally divided among his surviving children, Jack and Jane. Thus, Joan and John each receive 1/3 of the estate, and Jack and Jane each receive 1/6 (half of James's 1/3 share).

Jason Whitesides Passed Away with a Will That Awarded His