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Stirpes, derived Latin, means “by roots” “stock.” In legal terms, it refers to the method of distributing an estate when a direct descendant of the deceased is no longer alive. The distribution is made equally among the branches of the family tree, rather than among individual descendants. Importance of Understanding Stirpes.
- What Is Per Stirpes?
- How Per Stirpes Works
- Per Stirpes vs. Per Capita
- Per Stirpes Example
- Criticism of Per Stirpes
- The Bottom Line
Per stirpes is a Latin phrase that means "by branch." It is also a legal term that may be used for estate planning purposes, such as in a last will and testament. It designates who will inherit assets if a beneficiary passes away before the person who created the will (the testator) dies. With a per stirpes distribution, the beneficiary's share of ...
Per stirpes refers to every person descending down a branch of a family tree from another person. For example, everyone below a parent, such as their children, grandchildren, and great-grandchildren, is included in a branch. Per stirpes often appear in wills and retirement accounts to define asset distributions so that each branch of a family tree ...
Per capita means “by the heads.” Also called “share and share alike,” the term designates that property is divided equally among surviving descendants in the same generation nearest the testator. The estate holder names each recipient individually or determines which group receives the assets, such as all the estate holder's children, or grandchild...
Now consider the same example, but this time, Alejandra's will specifies that her estate be divided per stirpes among her three descendants, her children, Abigail, Stephanie, and Oliver. Again, Abigail has one child, George. Oliver has two children—Hanaj and Anil. If Abigail dies, her portion of the inheritance would go to George, the next person o...
Creating a will is one of the most important processes a person can go through. Unfortunately, it can also be one of the most stressful and confusing. Occasionally, the use of outdated terms such as per stirpes can create more confusion, especially when the term isn't used properly. For example, some lawyers have allowed their clients to use the ph...
The distribution of your assets after your death can be very stressful. Making sure that your will has very clear terms—and that those terms reflect your true intentions—can make the process much less difficult for your descendants. Because some jurisdictions have slightly different definitions of per stirpes, it's crucial that you consult with a l...
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Sep 26, 2023 · Per stirpes is a legal term used in estate planning to determine who will inherit assets if a beneficiary dies before the testator. It refers to every person down a branch of a family tree, including children and their descendants.
“Per Stirpes” is a method of distributing an estate by preserving each child’s share of an estate for the next generation. Per stirpes comes from the Latin phrase meaning “by the rootstock.” If you have children, then each child is considered a “root” or a “stirp.”
Jul 14, 2023 · Per stirpes, which is Latin for “by branch,” “by roots” or “by stalk,” is an estate planning method in a will or trust to specify that if one of your...
Jan 11, 2016 · Per stirpes defined and explained with examples. Per stirpes is distribution of an estate by equal shares to the deceased person's descendants. Legal Dictionary
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Apr 19, 2024 · Per stirpes is a Latin term that means “by roots” or “by branch.”. In the context of inheritance, it is a method of distributing assets to the descendants of a deceased beneficiary. Each branch of the family receives an equal share of the inheritance, regardless of the number of individuals in that branch.
