How do you divide this asset?

Philadelphia, PA Viewed 15 times. Posted about 1 month ago in Estate Planning

Grandparents are deceased. The estate was left to 3 sisters. The three sisters are now deceased. A piece

of property just surfaced that belonged to the grandparents.

Since the sisters are deceased and there are 6 grandchildren

1 sister has 3 children

1 sister has 2 children

1 sister has 1 child

How would this property legally be divided by 3rds or 6ths?

Would it follow the bloodline, in other words from grandparents to daughters to grandchildren?

Best Answer (as selected by the question's author)

David M. Frees III

This attorney is licensed in Pennsylvania and 1 other state. Posted about 1 month ago.

The answer to your question will be set forth in the will if there is a will and in the intesate act of Pennsylvania if there is no will and presuming that the last living grandparent to die was a Pennsylvania resident.

If the will provides that gifts to the children are "per stirpital", then the one third share of each child
who predeceased the grandparents would be distributed in equal shares to her child or children.

If the distribution is "per capita" then it might be that the will requires the funds to be added to the shares of
any daughter who survived.

Finally, if any of the daughters survived the grandparents, then her will may control the distribution of the amount going to her from the grandparent's estate.

In short, you also need to find out who (if any of the sisters) survived the grandparents and what the will says happens to the share of a child who predeceases.

If there is no will, the intestate laws of Pennsylvania will answer the same question.

It will be the job of the executor (if there is a will) or the administrator (if there is no will) to make this distribution. But, make sure to compute it correctly because you might be liable for an error in computing this.

This answer is not intended as legal advice. You should consult your own counsel and receive legal advice based on the specific facts of your matter.

Estate Questions and Answers

Additional Answers (1)

Janet Lee Brewer

This attorney is licensed in California and 1 other state. Posted about 1 month ago.

The answer depends on several factors, including whether the 3 sisters died before both of your grandparents or after. If all 3 sisters died before the grandparents, then most likely the estate would be divided into equal 1/6ths. But if any of the sisters survived the grandparents, it would probably be divided into 1/3rds. Usually there is a provision in the will or the trust that provides the answer to this question (hidden in the legalese, of course).

In order to be sure, it would be necessary to look at the will or the trust involved. If no will or trust exists, then the asset would pass according to the laws of intestate succession where the grandparents lived.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.