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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.

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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 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.


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All Asians include all living in Asia. So, people living in India count too.


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.


Are spouses entitled to per stirpes distributions?

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 does the blessings of liberty to ourselves and posterity mean?

It means: we declaire ourselves to be free, and all our decendents, now and forever.


What did people use to believe about ghosts and witches?

that they were all evil and most ghosts were decendents of people who want revenge for something


My breed of horse are all red heads decendents of warriorswhat are you?

Frederiksborg NOTE: The F must be a capital otherwise the answer will be wrong


What are living and non-living surroundings?

Living surroundings are known as biotic factors and include all the plants and animals in an environment. Non living surroundings are known as abiotic factors and include the climate, weather, water, and land forms in an area.


What is Abram's faithful service to God?

Abraham promised all of his decendents would obey God and serve him and obey his commands and he promised he would circumsize all of his male infants


Are there any prehistoric animals still on earth?

No, there are no more prehistoric animals alive on earth. All animals alive today are decendents of prehistoric animals.


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.