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| Wills, Trusts, Estates Wills, trusts, estates, gift tax planning, etc. |
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#1 |
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Junior Member
Last Online:
May 2nd, 2008 03:07 PM Join Date: May 2008
Posts: 1
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Following situation: What if a person, A, dies intestate. He has 3 children, B, C, and D. Each of the 3 children has 2 children. Hence, A has 2 grandchildren from each child.
D dies 130 hours after A -- D must have died within 120 hours to be called predeceased. Question: What share do A's children receive? Under stirpes and per capita, the grandchild takes over the share that the predeceased parent would have gotten. What if the parent, like D, did not predecease? Does D still receive his 1/3 share, and the child of D receives nothing? What happens to that 1/3 share considering that D died? |
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#2 |
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Top Level Member
Last Online:
Nov 21st, 2008 02:40 PM Join Date: May 2007
Posts: 692
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Firstly, that varies by each state's law so you will need to tell folks which state.
Even then however it can get technical-- but you may receive some input back here. I would normally recommend you have a lawyer review the details and give you a precise opinion in this area of law. |
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