0
What else can I help you with?
Is per stirpes only blood relatives?
yes
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 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.
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 the opposite of per stirpes?
Per capita is generally held to be the opposite of per stirpes. Both are terms most commonly used in reference to the division of an estate. Per stirpes is more commonly used in estate planning since the share of a deceased beneficiary would pass to their issue, if any.Per capita means "by the head count"; in a per capita distribution each living heir in the group receives an equal share in the estate. For example, if parent left an estate to three children per capita and each survived, each would receive one-third. If one of the three was deceased at the time of death of the testator the remaining two would each take one-half. In a per capita distribution a share isn't created for a deceased member.Per stirpes means "by branch". In a per stirpesdistribution the three children above would each take one-third. Now suppose again that one had predeceased the testator. If that child had children, those children would take the deceased parent's one third share equally. In a per stirpes distribution a share is created for a deceased member if they have issue (children).
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.
What does the term 'per stirpes' mean?
'Per stirpes' is a Latin term used in inheritance law to describe how assets should be distributed among a deceased person's descendants. It means that each branch of the family receives an equal share of the estate, with the share of a deceased person in that branch passing to their descendants.
How mane stirpes are on the American flag?
13
