When someone passes away and leaves behind assets or money, their offspring (such as children, grandchildren, etc.) may be entitled to inherit it. In the case of dividing the inheritance in stirpes, it implies that each branch of the family (each child and their descendants) will receive an equal portion of the inheritance based on the share of their deceased ancestor. For instance, if a grandparent passes away and bequeaths $100,000 to be divided in stirpes among their two children and their grandchildren, each child would receive $50,000, and the grandchildren would divide their parent’s share equally. This differs from per capita, where each individual would receive an equal share regardless of their relationship to the deceased.
In stirpes, also known as per stirpes, refers to the proportional division of an estate among beneficiaries based on their deceased ancestor’s share. For example, if a person named John has three children – Tom, Sarah, and Emily – and he leaves his estate to them in stirpes, the division would be as follows: Tom and his two children would receive one-third each, Sarah and her three children would receive one-third each, and Emily and her child would receive one-third each. This division is based on the share of their deceased ancestor, John, and illustrates how in stirpes works. Each beneficiary receives a proportionate share based on their relationship to the deceased.
– “In stirpes” is a Latin term used in estate planning and inheritance law. It refers to the distribution of assets among the descendants of a deceased person. If a beneficiary dies before the testator (the person who made the will), their share is divided equally among their own descendants.
– “In stirpes” and “per capita” are two different methods of distributing assets among descendants. While “in stirpes” divides the share of a deceased beneficiary among their own descendants, “per capita” distributes the assets equally among all living beneficiaries, regardless of their lineage.
– Yes, a testator can override the default “in stirpes” distribution by including a specific provision in their will. They can choose to distribute assets differently among their beneficiaries, specifying individual shares or using alternative methods like “per capita.”
– If a deceased beneficiary has no living descendants, their share will be redistributed among the remaining living beneficiaries according to the “in stirpes” principle. Each living beneficiary will receive an equal portion of the deceased beneficiary’s share.
– “In stirpes” can include both blood relatives and adopted children. The term encompasses all descendants of the deceased beneficiary, regardless of their biological or adoptive relationship.
– Yes, “in stirpes” can be used in non-probate transfers. If a beneficiary of a life insurance policy or retirement account dies before the policyholder or account holder, their share can be distributed among their own descendants according to the “in stirpes” principle.
– No, the default distribution method may vary depending on the jurisdiction. While “in stirpes” is commonly used, some jurisdictions may default to “per capita” or have other specific rules regarding asset distribution among descendants.
– In general, beneficiaries cannot challenge the use of “in stirpes” unless they can prove that the testator’s intent was different or that the distribution violates applicable laws. However, legal advice should be sought in specific cases, as laws can vary.
– Yes, a testator can choose different distribution methods for different assets in their will. They can specify “in stirpes” for some assets and use alternative methods for others, as long as their intentions are clearly stated in the will.
– It is highly recommended to consult an experienced attorney specializing in estate planning to understand the implications of “in stirpes” and other legal terms in your specific situation. They can provide personalized advice and ensure your wishes are properly documented in your estate plan.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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