What does per stirpes mean for beneficiaries?

Per stirpes is a Latin term you can include in your last will and testament to explain who will inherit your assets if one of your beneficiaries passes away before you do. With a per stirpes distribution, if one of your beneficiaries dies before you, their share of your estate will pass to their descendants.

What does in Stirpes mean legally?

“Per stirpes” is a Latin phrase that means “by roots” or “by branch.” In the estate law context, it is a method of distributing estate assets that allows a beneficiary’s heirs to receive their inheritance if they pass away before the person creating the will.

What does Stirpes mean in a trust?

by branch
Per stirpes is a Latin phrase that translates literally to “by roots” or “by branch.” In the estate context, a per stirpes distribution means that a beneficiary’s share passes to their lineal descendants if the beneficiary dies before the inheritance vests.

What happens if no per stirpes?

What happens if no designation is made? That is, what happens if the phrase per stirpes is not used? Under wills executed before September 1, 1992, if per stirpes is not specified, the distribution will be per capita if all beneficiaries are equally related to the testator, and per stirpes if not equally related.

What happens to per stirpes if no kids?

Any deceased children who have no living descendants are disregarded in determining the number of primary shares. However, if the decedent has no living children, the number of primary shares is still determined at the children generation instead of skipping to the grandchildren generation.

What does my descendants who survive me per stirpes mean?

“To my descendants who survive me, per stirpes.” This option enables you to have your assets distributed equally among your lineal descendants who are blood relatives or legally adopted. The first to receive your assets are your children (this does not include your stepchildren).

Should a primary beneficiary be per stirpes?

It is important to note that Son #1’s heirs include his children only. This does not include his spouse. Adding the Per Stirpes designation to the Primary beneficiary may not be needed if that beneficiary is your spouse and you share heirs.

Who survives per stirpes?

What happens if a per stirpes beneficiary dies without children?

Stepchildren can inherit under per stirpes only if they have been legally adopted; an adopted child inherits the same as a natural born child. If you die intestate (without a will) then your surviving descendants will inherit according to your state laws of intestate succession and how they define per stirpes.