What is the aw regarding linear descendants per stirpes?

UPDATED: Oct 1, 2022

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What is the aw regarding linear descendants per stirpes?

There was 1/4 of an estate that was left to a son who passed away before the testator; 1/4 was left to son or lineal descendants per stirpes. The son had a Will leaving everything to his wife. The son has a daughter from a previous marriage. Who gets the 1/4, the granddaughter of the testator or the daughter-in-law?

Asked on September 20, 2018 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Granddaughter: since the son predeceased before he inherited, his will is irrelevant. Rather, the terms of the testator's will controls, which left his share to his lineal descendents (e.g. children) "per stirpes" (in equal shares). All his children would share in his 1/4 of the estate; since he has one child, it goes to her.

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