Per stirpes is a Latin phrase that translates to “by roots” or “by branch.” Each member of a specific class receives equally, with the share of a deceased member divided proportionality among his or her children.
Under the Estate and Protected Individuals code, there’s an allocation at each generation even if there’s no living member of that generation, as opposed to a distribution beginning at the first generation with a living member.
Here’s an example:
If a Decedent has three children, Child 1 has two children, and Child 3 has three children. Child 1 and Child 3 predecease the Decedent, and the Trust or Will requires a per stirpes distribution. The estate will be divided into 3 equal shares. The children of Child 1 would each get half of Child 1’s share, ultimately being a one-sixth share of the Decedent’s total estate. The children of Child 3 would each receive one third of Child 3’s share, being a one-ninth share of the Decedent’s estate, and Child 2 – who is still living, but has no children – would receive one third of the total estate.
Discuss how the different distribution methods can affect distribution of your estate with your estate planning attorney.
Learn more about per stirpes estate planning distributions here.
Get Started Today: Schedule Your Consultation!
If you’re interested in learning more about estate planning, please contact estate planning attorneys in Ann Arbor at 734-665-4441.
