[WSBAPT] please help decipher Will distribution

Melinda Grout mkgroutlaw at gmail.com
Wed Jul 20 20:31:23 PDT 2016


Mates:

Testator’s Distribution says essentially:

	Equal shares to A, B, and C.  
		If A “is unable or unwilling to take” her share, then her share instead passes to X,Y, and Z per stripes.  
		If B “is unable or unwilling to take” his share, then his share instead passes to A.

Here’s where it stands:

	A predeceased the Testator - clearly her share is going to X, Y, and Z by right of representation.
	Now we learn that B survived Testator by 2 years, but just died last month.  

We are ready to distribute, but want to be sure who gets what.  Does B’s share pass to A, and then under A’s provision, on to X,Y, and Z?  Or since A is not alive, does B’s share pass back to the pool?  As in: B’s third goes equal shares to C and [X,Y, and Z by right of representation] ?

No doubt this is simple, but it’s making my head hurt…  any wisdom would be greatly appreciated!

Melinda
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/wsbapt/attachments/20160720/651752e5/attachment.html>


More information about the WSBAPT mailing list