I need the following wording interpeted please

[JoyceM]

What is the name of your state (only U.S. law)? Illinois

Question : I need the following 2 parts of my relative's will interpeted...

on page 1... In the event that _____ _____ fails to survive me...then the share which would otherwise have been distributed to _____ _____ shall be distributed to the oldest surviving child of _____ _____ who is alive at the time of death.

THEN on page four...Per stirpes, whatever assets are to be allocated for or distributed to the decendents of a person per stirpes, those assets shall be divided into equal shares, one such share for each living child of that person and one such share for the then living decendents collectively of each deceased child of that person. Any such deceased childs share shall then be allocated for or distributed to that child's decentents per stirpes - in accordance with the proceeding sentence and this sentence.

Question: on page 1 it says Oldest surviving...does page 4 mean the oldent has to share was was left to her to her other siblings?

Thanks

 

[LdiJ]

What is the name of your state (only U.S. law)? Illinois

Question : I need the following 2 parts of my relative's will interpeted...

on page 1... In the event that _____ _____ fails to survive me...then the share which would otherwise have been distributed to _____ _____ shall be distributed to the oldest surviving child of _____ _____ who is alive at the time of death.

THEN on page four...Per stirpes, whatever assets are to be allocated for or distributed to the decendents of a person per stirpes, those assets shall be divided into equal shares, one such share for each living child of that person and one such share for the then living decendents collectively of each deceased child of that person. Any such deceased childs share shall then be allocated for or distributed to that child's decentents per stirpes - in accordance with the proceeding sentence and this sentence.

Question: on page 1 it says Oldest surviving...does page 4 mean the oldent has to share was was left to her to her other siblings?

Thanks

You are going to have to take that will to an attorney for review. Based on what you posted here is appears that the two sections contradict each other.

 

[Mass_Shyster]

What is the name of your state (only U.S. law)? Illinois

Question : I need the following 2 parts of my relative's will interpeted...

on page 1... In the event that _____ _____ fails to survive me...then the share which would otherwise have been distributed to _____ _____ shall be distributed to the oldest surviving child of _____ _____ who is alive at the time of death.

THEN on page four...Per stirpes, whatever assets are to be allocated for or distributed to the decendents of a person per stirpes, those assets shall be divided into equal shares, one such share for each living child of that person and one such share for the then living decendents collectively of each deceased child of that person. Any such deceased childs share shall then be allocated for or distributed to that child's decentents per stirpes - in accordance with the proceeding sentence and this sentence.

Question: on page 1 it says Oldest surviving...does page 4 mean the oldent has to share was was left to her to her other siblings?

Thanks

Is _____ _____, _____ _____, and _____ _____ from page 1 all the same person?

I'm assuming it is. If so, the devise to the "oldest surviving child of _____ _____" is not a distribution per stirpes, so page 1 overrides page 4.

 

[curb1]

Is "relative" living, or deceased?

 

[CSO286]

Is _____ _____, _____ _____, and _____ _____ from page 1 all the same person?

I'm assuming it is. If so, the devise to the "oldest surviving child of _____ _____" is not a distribution per stirpes, so page 1 overrides page 4.

OP, you might want to consider an edit for clariifcation and insert fake names, i.e., John Doe, Jane Doe and Jim Bob....?

 

[tranquility]

Both wills and trusts are holistic. You really can't cut and snip different portions and find out what they mean, you have to look at the whole thing.

 

[JoyceM]

Is "relative" living, or deceased?

The will belongs to an Uncle who just died...he has 2 brothers that are deceased...the blanks are the name of 1 brother...there the another identical paragraph naming the other brother

 

[JoyceM]

OP, you might want to consider an edit for clariifcation and insert fake names, i.e., John Doe, Jane Doe and Jim Bob....?

1 person...John Doe....written 3 times.

another paragragh....Joe Doe....written 3 times

 

[anteater]

While I bear in mind Tranquility's comments about offering an opinion based upon snips...

My opinion would be that the "oldest surviving child" provision(s) prevail since the "... whatever assets are to be allocated for or distributed to the decendents of a person per stirpes.." is contingent upon there being bequests with per stirpes specified as the method of distribution if the beneficiary(ies) predeceases the testator.

 

[curb1]

How do all of the remaining interested parties feel about this? Does "oldest surviving child" want to take the money and run, or is there a feeling that it should be shared?

 

[JoyceM]

How do all of the remaining interested parties feel about this? Does "oldest surviving child" want to take the money and run, or is there a feeling that it should be shared?

The oldest surviving child MAY take the money and run and not share it with 3 other siblings even though she says she would share it.

 

[JoyceM]

The oldest surviving child MAY take the money and run and not share it with 3 other siblings even though she says she would share it.

I feel the wording on the first page should say : In the event that Joe Doe fails to survive me...
then the share which would otherwise have been distributed to Joe Doe shall be distributed to the ALL of the surviving children of Joe Doe who are alive at the time of death.

(I believe page 4 applies the children of the persons named on page 1)

 

[curb1]

Was there any known reason why "oldest surviving child" should receive the assets? Was this a favorite person? Did this person spend more time caring? Or, was this pretty much a mistake in the writing of the document?

Has anyone contacted the author of the will to see why it was written in this way (not that it will make a difference)?

I think "oldest surviving child" should be kicked off the island if she takes the money and runs.

 

[JoyceM]

Was there any known reason why "oldest surviving child" should receive the assets? Was this a favorite person? Did this person spend more time caring? Or, was this pretty much a mistake in the writing of the document?

Has anyone contacted the author of the will to see why it was written in this way (not that it will make a difference)?

I think "oldest surviving child" should be kicked off the island if she takes the money and runs.

I think it was a mistake in the writing because it is not believed that he would just leave his assets to 3 neices and cut out the other 7 neices & nephews. He was a fair man.

 

[curb1]

Who authored the will?