Question

A father is writing his will (the testator) and is naming as beneficiaries his 3 adult sons. Each one will get an equal share "per stirpes" of the father's estate upon the father's death. Each of the sons has children (the grandchildren of the testator) who are not yet adults. If one of the son's predeceases the testator, then the:______A. deceased son's share goes into the son's estateB. deceased son's share passes to his brothersC. deceased son's share passes to his childrenD. deceased son's share reverts back to the father's estate

Answer 1

Answer: Option B --

deceased son's share passes to his brothers

Step-by-step explanation:

We should be fully informed that, anytime a will is made, the estate can be distributed either "per capita" or "per stirpes." These two aforementioned ways focus on issue of a named beneficiary dying before the testator.

"Per capita" in Latin denotes "by the head." Which implies that each NAMED living family member gets an equal share of the estate. So if the father has 3 sons, Son A and Son B and Son C, each gets 1/3 of the father's estate upon the father's death. For instance, if Son B dies before the father, the 1/3 of Son B share now goes to the living Son A and Son C, therefore Son A and Son C inherit 50% each of the estate. It should also be noted that the grandchildren are not named as beneficiaries, so they get nothing.

Answer 2

B. deceased son's share passes to his brothers

Step-by-step explanation:

A father is writing his will (the testator) and is naming as beneficiaries his 3 adult sons. Each one will get an equal share "per stirpes" of the father's estate upon the father's death. Each of the sons has children (the grandchildren of the testator) who are not yet adults. If one of the son's predeceases the testator, then the deceased son's share passes to his brothers .

When a will is created, the estate can be distributed either "per capita" or "per stirpes." These 2 ways deal with the issue of a named beneficiary dying before the testator.