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How Inheritance Gets Complex When Children Predecease Parents

Published in Family Wealth Report
Article | April 4, 2018

In this article, Trusts and Estates partner Neil V. Carbone explores the sometimes complex topic of transferring wealth to subsequent generations. While most high-net-worth individuals recognize the importance of inter-generational and intra-generational planning, some may not consider what happens in the unfortunate situation when children predecease their parents and are survived by their own children. Neil provides an explanation of the legal terms used in connection with the various options (by representation, per stirpes and per capita), as well as charts that demonstrate how those options provide for equal (or unequal) treatment of descendants. As Neil points out, ensuring that a will or trust agreement contains the necessary terms and instructions to meet an individual's goal is critical.

Read "How Inheritance Gets Complex When Children Predecease Parents" in its entirety.

This article also appeared in the American Bar Association's Spring 2018 eReport.

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