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In a stirpes inheritance, the share that a deceased beneficiary would have received is passed on to their descendants. This means that if a beneficiary dies before the inheritance is distributed, their share goes to their children or next of kin, following the principle of representation. It is important to clearly outline this provision in a will or trust document to ensure that distribution is in accordance with the testator's wishes.

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1y ago

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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 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 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.


What is the term for inheritance going to a deceased heir's family?

The term for inheritance passing to a deceased heir's family is "per stirpes." This legal concept ensures that if an heir predeceases the decedent, their share of the inheritance is distributed to their descendants, rather than being absorbed by the remaining heirs. It is often used in wills and estate plans to clarify how assets should be divided among beneficiaries.


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


How mane stirpes are on the American flag?

13


In Texas a parent wills their 3 children one third each per stirpes and one child dies without heirs. What happens to the inheritance of the child who died?

That child's interest would pass to any living parent and if no parent to their siblings.


Is per stirpes only blood relatives?

yes


Who does all living decendents per stirpes include?

All living descendants per stirpes include the children, grandchildren, and further descendants of a deceased individual, divided into branches based on the deceased's lineage. If a descendant has died, their share is passed down to their children. This ensures that each branch of the family receives an equal portion of the estate, reflecting the distribution of inheritance through familial lines. Essentially, it provides for the descendants in a way that honors the familial structure.


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.


What does per stirpes mean?

http://en.wikipedia.org/wiki/Per_stirpes Basically, if I have two siblings, we each have two children, and I die before my parents but my siblings and my children survive them, my children would take the equal share I would have received had I survived.