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a widowed fathers will states everything is to be divided…

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a widowed father's will states...
a widowed father's will states everything is to be divided equally between his 4 children. if one of the children dies before the father is the estate then divided among the remaining 3 children or does the 4th child's heirs become involved.
Submitted: 6 years ago.Category: Canada Law
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Answered in 1 hour by:
2/25/2012
Lawyer: Debra, Lawyer replied 6 years ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,030
Experience: Lawyer
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Debra Thal (username) :

What province is this please?

Debra Thal (username) :

What does the wording of he will say?

Debra Thal (username) :

For example does it us terms like "issue" or "issue per stirpes"?

Debra Thal (username) :

The wording is what matters.

Customer:

this is not canada. I am in washington state. I don't have the will at my disposal at the moment.

Debra Thal (username) :

I will move to this the correct list then.

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Lawyer: RobertJDFL,
 replied 6 years ago
RobertJDFL
Category: Canada Law
Satisfied Customers: 15,326
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Thank you for your question. After reading my answer, if you require additional information, press "REPLY" and I will be happy to assist you further.

 

The previous expert had your question moved over to the proper legal category, and I am happy to assist you. The previous expert was correct that the language in the Will is what controls, and so without knowing what it says, it's impossible to give you a definite answer.

For example, if the Will says something like "To my 4 children equally, or the survivors thereof", then the estate would simply be divided among the surviving children. But if it said "To my 4 children equally, per stirpes", then it would be divided among the 3 children and the lineal heirs of the 4th, deceased child (e.g., their children).

If you can get a copy of the Will and provide the language, I can assist you further.

 

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