Share and Share Alike

My grandmother left my aunt and I property to in her will and the term she used was "to share and share alike". My aunt passed before the property was distributed. Does the property pass on to her heirs (as she does not have a Will) or does it automatically pass on to the survivors mentioned in the Will?

Is share and share alike to mean with rights to survivor ship?

tbwtbw said:

My grandmother left my aunt and I property to in her will and the term she used was "to share and share alike". My aunt passed before the property was distributed. Does the property pass on to her heirs (as she does not have a Will) or does it automatically pass on to the survivors mentioned in the Will?

Is share and share alike to mean with rights to survivor ship?

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Without having read the will (which is imperative), all I can do is give you GENERAL answers:

Q: Does the property pass on to her heirs (as she does not have a Will) or does it automatically pass on to the survivors mentioned in the Will?

A: Her share passes by intestate succession to the the heirs listed in your state statutes.


Q: Is share and share alike to mean with rights to survivor ship?

A: No.

My aunt passed before the property was distributed

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I am assuming this means that grandma died first and then auntie. If that is NOT the case, then tell us.

Share and Share alike

Yes, she my grandmother died first. I found a defrinition of share and share alike and it stated this:

share and share alike adj. referring to the equal division of a benefit from an estate, trust, or gift, which includes the right of the survivors to divide the portion of any beneficiary who dies before receiving the gift.

What does this mean?

it is a bit deceptive in what it says. While a share and share alike division of assets may include a rights of survivorship, (and that would have to be confirmed based on the specific states laws) that right of survivorship is no longer applicable once the assets are effectively inherited by the parties.

Aunt already owned her share when she died so her share will now go to her heirs. If she had predeceased grandma, then aunt's share would have gone to you.