Define: Modified Per Stirpes

Modified per stirpes is a legal term used to describe a method of distributing an estate when a beneficiary predeceases the testator. In this method, the deceased beneficiary’s share is divided equally among their descendants.

In a per stirpes distribution, the deceased beneficiary’s share is divided equally among their descendants, regardless of how many descendants there are. In a modified per stirpes distribution, the deceased beneficiary’s share is divided equally only among the deceased beneficiary’s children, not all descendants.

Modified per stirpes is commonly used in estate planning to ensure that a deceased beneficiary’s share is distributed to their descendants, rather than being absorbed into the shares of the surviving beneficiaries.

Yes, modified per stirpes can be specifically outlined in a will or trust document to dictate how the distribution of an estate should occur in the event of a beneficiary’s death.

If a beneficiary has no descendants, their share will be distributed equally among the other beneficiaries in a modified per stirpes distribution.

Modified per stirpes distributions can be contested in court if there are disputes or disagreements among the beneficiaries or descendants involved.

There may be tax implications with modified per stirpes distributions, so it’s important to consult with a tax professional or estate planning attorney to understand the potential tax consequences.

Modified per stirpes distributions can be changed after a will or trust is created through the process of amending or updating the document.

If a beneficiary is adopted, their adopted children would be included in the distribution under a modified per stirpes method.

The best distribution method for your estate plan depends on your specific circumstances and goals. It’s important to consult with an experienced estate planning attorney to determine the most suitable distribution method for your needs.