What does per stirpes mean in probate?
What does per stirpes mean in probate?
'Per stirpes' is a term used in estate planning. It is a Latin term that means "by branch" or "by roots". Per stirpes can refer to the distribution of an estate, but the term is also used to indicate the number of generations that an inheritance will be passed down through.
One of the most common uses for per stirpes is to designate an estate to be distributed to children. In most cases, a per stirpes distribution will take into account children who are still alive. In some cases, the term will stop with the first generation, though it is often used to designate a distribution among grandchildren. This type of distribution is known as a "trickle-down" effect. The estate will pass to the children of the children of the children of the deceased, thus minimizing the possibility of an unwanted individual having control of an inheritance.
Another type of per stirpes distribution is called a "per capita" distribution. It is a type of inheritance pass-through that awards equal shares of an estate to members of the same generation. Unlike a per stirpes distribution, a per capita distribution does not include a trickle-down effect. If you are considering using per stirpes in your will, it is advisable to consult an estate planning attorney. A good estate planning attorney can ensure that your assets will pass to the right beneficiaries.
A per stirpes distribution can include great-great-grandchildren, as well. It will also limit the chances of infighting among the descendants of the deceased. It also eliminates the need for an estate plan update if one of the beneficiaries in your estate changes. A per stirpes distribution is not the only type of distribution, and it can be used in conjunction with other estate planning techniques. It is important to understand per stirpes so that you can ensure your assets are passed on to your loved ones and other beneficiaries. If you are interested in drafting or updating your will or trust, consult an estate planning attorney. They will help you navigate the complexities of estate planning and ensure that your inheritance is passed on to your loved ones.
If you have any questions or in need a Probate Attorney, we have the Best Attorneys in Utah. Please call this law firm for free consultation.
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