Debbie Forester has passed away leaving a will that leaves all of her property to her "children." The will provides that in the event one of her children predeceases her that the deceased child's inheritance "is to be given equally" to the deceased child's children. Debbie had three children: Anna, Ziggy, and Freud. Freud died prior to Debbie's passing. Freud had three children: Tolstoy, Boris, and Pasternak. The executor of Debbie's will is unclear about how to distribute the property shares. If the distribution is per capita, how will the property be distributed?

Question

Quizplus · Accepted Answer

In a per capita distribution, each living descendant at the same generational level receives an equal share. Since Freud predeceased Debbie, his share is divided equally among his children (Tolstoy, Boris, and Pasternak), each receiving 1/5, the same as Anna and Ziggy.

Debbie Forester Has Passed Away Leaving a Will That Leaves