Elena and her four sisters, or to their issue per
stirpes if one or more
A per
stirpes (by the branches) distribution means that the distribution is first divided among the class -- including a share for any predeceased member that is then split among that member's children.
"We were going to open in the beginning of summer, but I had to give a kidney to my sister,"
Stirpe said.
The rules related to heirs per
stirpes apply if an author predeceases the exercise of his or her right of notice of termination.
It is best when making a per
stirpes distribution to specify what is meant since different jurisdictions have varying interpretations of the per
stirpes rule.
Under the representation or per
stirpes by representation regimes that are now the default under the Uniform Probate Code, if there are no longer primary beneficiaries, the assets are divided equally at the next level.
Upon my wife's death, such property shall be distributed to such of my issue and spouses of my issue as she shall appoint by an instrument other than a will making specific reference to this power; and if she shall make no effective appointment, then in equal shares to my children, the issue of any such child who is not then living to take their parent's share, per
stirpes. Provided further, that in no event may my wife make any such appointment to herself, her estate, her creditors, or the creditors of her estate, or to satisfy any of her legal obligations.
(41) Distribution to representatives is per
stirpes. (42)
Some of the client details Mignone tracks include: names of all family members, marital status and length of time married, retirement account beneficiaries (including whether distributions to multiple beneficiaries are per capita or per
stirpes), marginal tax brackets, tax-loss carryforwards, client health issues, and information on executors and powers of attorney.
Priest's spriest
stirpes esprits persist, stripes sprites
He says he will be virtually "disinherited" when the estate terminates in 2007 as per
stirpes distribution through family lines means his mother will inherit her share as the eldest living relative in their line.
By contrast, the general rule in civil law systems is that the bulk of an individual's property must pass on death to his descendants immediately and unconditionally, in equal shares per
stirpes, regardless of his wishes or their needs.