“Per stirpes” is a term used in wills and trusts to describe how property is distributed when a beneficiary predeceases the testator (the person who made the will) or settlor (the person who created the trust).
If a will or trust is written to distribute property “per stirpes,” it means that the property is distributed to the deceased beneficiary’s descendants, in proportion to the share they would have received if the beneficiary had survived. For example, if a will leaves a person’s estate to their children “per stirpes,” and one of the children has predeceased the testator, the deceased child’s share of the estate would be distributed among their own children (the testator’s grandchildren).
In contrast, if a will or trust is written to distribute property “per capita,” the property is divided equally among the surviving beneficiaries, regardless of whether they have descendants.
What States Allow Per Stirpes?
It’s important to note that the term “per stirpes” is not used in all states, and the rules for how property is distributed in the event of a beneficiary’s death may vary depending on the state where the will or trust was created.
Who Determines Per Stirpes?
The term “per stirpes” is typically used in wills and trusts to specify how property should be distributed in the event that a beneficiary predeceases the testator (the person who made the will) or settlor (the person who created the trust). If a will or trust is written to distribute property “per stirpes,” it means that the property is divided among the deceased beneficiary’s descendants, in proportion to the share they would have received if the beneficiary had survived.
For example, if a will leaves a person’s estate to their children “per stirpes,” and one of the children has predeceased the testator, the deceased child’s share of the estate would be distributed among their own children (the testator’s grandchildren). The distribution would be based on the proportion that the deceased child’s share would have represented in relation to the total share of the estate.
The determination of how property is distributed “per stirpes” is typically made by the executor of the will or the trustee of the trust, in accordance with the provisions of the will or trust and the applicable state laws. It’s important to note that the rules for distributing property “per stirpes” may vary depending on the state where the will or trust was created.
How Is Per Stirpes Different From Per Capita?
Per stirpes and per capita are two different ways of distributing property in a will or trust. If a will or trust is written to distribute property “per stirpes,” the property is divided among the deceased beneficiary’s descendants, in proportion to the share they would have received if the beneficiary had survived. In contrast, if a will or trust is written to distribute property “per capita,” the property is divided equally among the surviving beneficiaries, regardless of whether they have descendants.
Can I specify in my will or trust how I want my property to be distributed?
Yes, you can specify in your will or trust how you want your property to be distributed after your death. You can specify that your property should be distributed “per stirpes,” “per capita,” or in any other way that you choose. It’s important to consult with an attorney to make sure that your wishes are properly documented and will be carried out according to your desires.
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