Per Stirpes: Definition, Examples, and Additional Resources§
Definition§
Per stirpes is a method of distributing an estate in which each branch of a family receives a portion of an inheritance, with descendants standing in for a deceased family member to inherit in their place. The term “per stirpes” means “by the roots” in Latin, indicating that the inheritance follows the family lineage. This distribution contrasts with a per capita distribution, where each living beneficiary receives an equal share.
Examples§
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Example 1: Frank passes away without a will. He was predeceased by his wife and one child. He is survived by two other children and the descendants of the deceased child. Using a per stirpes distribution:
- Frank’s estate is divided into three equal shares, one for each of his children.
- The two surviving children each receive one-third of the estate.
- The remaining one-third goes to the descendants (children) of the predeceased child, divided equally among them.
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Example 2: Linda dies and has three children, but one predeceased her leaving two grandchildren. As per the per stirpes allocation:
- Linda’s estate is divided into three equal parts.
- Each surviving child receives one-third.
- The two grandchildren of the deceased child together receive the third part, shared equally.
Frequently Asked Questions (FAQs)§
Q1: What does “per stirpes” mean in a will?§
A1: In a will, “per stirpes” ensures that if an heir predeceases the testator, their share of the inheritance is passed down to their descendants rather than being redistributed among other living heirs.
Q2: How does per stirpes differ from per capita distribution?§
A2: Per stirpes bases the distribution on family branches, with descendants inheriting in place of deceased individuals. Per capita distribution splits the estate equally among all living beneficiaries regardless of lineage.
Q3: Is per stirpes automatically applied if there’s no will?§
A3: Not necessarily. The application of per stirpes or per capita distribution depends on the jurisdiction’s intestacy laws governing estates without a will.
Q4: What state laws recognize per stirpes distributions?§
A4: Many states recognize per stirpes distributions, but the specifics can vary. It’s best to consult local laws or an attorney to understand the rules in your area.
Q5: Can a will explicitly choose a per stirpes distribution?§
A5: Yes, a will can specify a per stirpes distribution to ensure the estate is divided as intended among descendants.
Related Terms§
- Per Capita: A distribution method where each beneficiary receives an equal share of the estate, regardless of family branches or lineage.
- Heir: A person legally entitled to inherit property or assets from a deceased individual’s estate.
- Intestate: Dying without a legal will, resulting in the application of state laws to distribute the estate.
- Bequest: A specific personal property left to an individual or organization through a will.
Online References§
- American Bar Association - Estate Planning Basics
- Nolo - Per Stirpes vs. Per Capita Beneficiary Designations
- Investopedia - Per Stirpes
Suggested Books for Further Studies§
- “Wills, Trusts, and Estates” by Robert H. Sitkoff and Jesse Dukeminier
- “The Complete Book of Wills, Estates & Trusts” by Alexander A. Bove Jr.
- “Plan Your Estate” by Denis Clifford
Fundamentals of Per Stirpes: Estate Planning Basics Quiz§
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