Who gets your estate if your spouse dies before you?

The Alternate Residue paragraph is where you distribute the remaining portion of your estate after taxes, debts, expenses, and charities have all been paid. Most people leave the Alternate Residue to their children and/or grandchildren. You can name them and give each a percentage share in your estate but what happens if one of them predeceases you? Should that share go to her/his spouse or be divided among her/his children (your grandchildren)? A straightforward way to describe distribution to grandchildren of your deceased child's share is to issue alive on the date of your death in "equal shares per stirpes". That means "by the roots".


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