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No. Think of 'per stirpes' distribution as distribution that follows a branch of a family by descent. For example, suppose William died and by the terms of his will William's estate was to be distributed in equal shares to his three daughters, Mary, Judith and Sarah 'per stirpes".
Mary received one-third. Judith received one-third. Sarah predeceased her father and left two living daughters, Paula & Janet. One other daughter, Samantha, had predeceased her mother (Sarah). Samantha left two sons, Sean and Patrick.
Sarah's one-third would be evenly divided between her three daughters: Paula, Janet and Samantha. Samantha's share would be evenly divided between her two sons: Sean and Patrick.
Although the formula may vary in different jurisdictions (some will divide the estate equally among all the living 'per stirpes' descendents) , no spouses would be included in the distribution.
What else can I help you with?
How is per stirpes used in a will?
An estate of a decedent is distributed per stirpes if each branch of the family is to receive an equal share of an estate
Is per stirpes only blood relatives?
yes
What does per stirpes or per capita?
"Per stirpes" and "per capita" are terms used in inheritance law to describe how an estate is divided among beneficiaries. "Per stirpes" means that if a beneficiary predeceases the deceased, their share is passed down to their descendants. In contrast, "per capita" means that the estate is divided equally among all living beneficiaries, regardless of their familial relationship to the deceased.
What is Per stirpes with regard to life estates?
That means a testator granted a life estate and when the life estate holder does the property is to be distributed per stirpes to the descendants of the testator.See related question for definition of per stirpes.
How are stepchildren calculated in a per stirpes distribution?
In a per stirpes distribution, stepchildren are typically not included unless explicitly mentioned in the will or estate plan. Per stirpes means that the estate is divided equally among branches of the family, and only biological or legally adopted children of the deceased typically inherit. If a stepchild has been legally adopted by the deceased, they would be treated as a biological child for distribution purposes. Otherwise, stepchildren do not have a claim to the estate under standard per stirpes rules.
Can a per stirpes beneficiary be a trust?
Yes, a per stirpes beneficiary can be a trust. In this context, "per stirpes" refers to a method of distributing an estate where a beneficiary's share is passed down to their descendants if they predecease the testator. If a trust is named as a beneficiary and one of its beneficiaries passes away, the trust can distribute the inherited assets according to its terms, potentially to the deceased beneficiary's descendants.
How should a per stirpes clause be worded in your will?
Per Stirpes - is a legal term in Latin. An estate of a decedent is distributed per stirpes, if each branch of the family is to receive an equal share of an estate. When the heir in the first generation of a branch predeceased the decedent, the share that would have been given to the heir would be distributed among the heir's issue in equal shares. It may also be known as right of representation distribution, and differs from distribution per capita as members of the same generation may inherit different amounts.
What are some per stirpes practice problems that can help me understand the concept better?
One per stirpes practice problem involves distributing an estate among grandchildren when a child predeceases the testator. Another example is determining how assets are divided among descendants when there are multiple branches of the family tree. These scenarios can help clarify how per stirpes distribution works in inheritance situations.
What is meant by per stirpes?
Per stirpes is Latin for 'by branch.' It is used in wills to indicate that testimentary gifts are to be divided by family branch, not number of individuals. It is usually done where one of the first listed beneficiaries has died and their share is to be divided between their descendants.
What if your step brother is gay and had no children He is an hier to an estate and the will says per stirpes you understand how per stirpes But can he will his portion to an outsider non family membe?
First of all, it would depend on the laws of the state. Secondly, being gay has no bearing on this situation. There was no reason to include that in the question.
What are the terms for the two ways in which the testator can distribute the estate among the lineal descendants?
The two terms are per stirpes and per capita. Per stirpes means the estate is divided among branches of the family based on equal shares per branch, while per capita means the estate is divided equally among all lineal descendants regardless of their branch in the family tree.
What is per stripes?
Per stirpes (pronounced /pɝː ˈstɝːpiːz/ "by branch") is a legal term in Latin. An estate of a decedent is distributed per stirpes, if each branch of the family is to receive an equal share of an estate. When the heir in the first generation of a branch predeceased the decedent, the share that would have been given to the heir would be distributed among the heir's issues in equal shares. It may also be known as right of representation distribution, and differs from distribution per capitaas members of the same generation may inherit different amounts.
