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	per stirpes Definition
		Per stirpes is a method for distributing the estate of a deceased individual.
		Per stirpes (which is Latin for "per branch") specifies that each branch of the deceased person's family receives an equal share of the estate, regardless of how many people are in that branch.
		Per stirpes is different from per capita, because per captia weighs each person equally, rather than each branch equally.
	www.investorwords.com /3688/per_stirpes.html (251 words)

	LinkedIn: Answers: Per Stirpes-that phrase often appear in retirement plans?
		Per stirpes is a phrase which refers to the passing of assets upon death to the heirs of a the asset owner.
		The opposite of per stirpes is per capita.
		I fear per stirpes leads people to think “I’ve got that covered” and as a result, they will be less proactive in updating their planning documents should a named beneficiary die before them.
	www.linkedin.com /answers/personal-finance/retirement-estate-planning/PFI_REP/198011-3400291?browseCategory=PFI_REP&goback=.avq_152435_17478641_0_2.avq_154233_2956624_0_2 (1107 words)

	Per stirpes - Wikipedia, the free encyclopedia
		Per stirpes is a Latin phrase (meaning per branch) used in wills that specifies that each branch of the testator's family is to receive an equal share of the estate.
		When A's will is executed, under a per stirpes division, C and D each receive one-third of the estate, and B1 and B2 each one sixth, because their "branch" of the family has received one equal share.
		Under a per capita distribution, each of the surviving descendants B1, B2, C, and D would have received one quarter of the estate.
	en.wikipedia.org /wiki/Per_stirpes (352 words)

	Per Stirpes Law and Legal Definition - USlegalforms.com
		Per stirpes is a Latin term meaning "by roots," or by representation.
		Under per stirpes distribution, children take among them the share which their parent would have taken had he survived the decedent.
		State laws of descent and distribution govern intestate distribution and describe any per stirpes distribution that may take place a person in the line of descent is deceased and their children are able to step into their place in the line of inheritance.
	www.uslegalforms.com /legaldefinitions/p/per-stirpes.php (394 words)

	In re Magnor
		The Supreme Court, Appellate Division held that use of the term "per stirpes" was intended by testator to refer to the issue of his children, and not, to the testator's children.
		Per stirpes division of the trust remainder commenced at the level of testator's grandchildren; use of the term "per stirpes" was intended by testator to refer to the issue of his children, and not, to the testator's children.
		[1] [2] We agree with the Surrogate that the use of the term "per stirpes" was intended by the testator to refer to the issue of his children, and not, as the appellant asserts, to the testator's children.
	homepages.nyu.edu /~jmm257/magnor.html (593 words)

	Stirpes
		A "per stirpes distribution of my estate in equal shares to my children Bob and Sue" means that if Bob dies before me, his children can share what would of been his share had he of survived me.
		In a per stirpes distribution, a stated beneficiary's share, where that beneficiary dies before the person leaving the estate, that deceased beneficiary's share flows down through his descendants or next of kin.
		A per capita would mean the oposite: Bob and Sue would have to survive me to qualify for their share, which does not flow down to their descendants in the event the beneficiary dies before the testator.
	www.duhaime.org /LegalDictionary/S/Stirpes.aspx (511 words)

	Per Stirpes vs. Per Capita
		Per Stirpes means that the Grantor This is the person that puts his/her property into the trust to avoid estate taxes and probate.
		Per Capita distribution looks at the number of surviving heads on the generational line.
		The remainder of the estate is to go to Arnold and Betty in equal shares and, if either or both die before the testator, then to their children living per stirpes.
	nationallawforms.com /webhelp/consumer-trust/living_trusts/per_stirpes_vs._per_capita.htm (381 words)

	MedLawPlus.com - Definition of "Per Stirpes"
		"Per Stirpes" is used in reference to a bequest made to a group of individuals.
		By using the words "per stirpes", we are negating the potential argument by the surviving members of the beneficiary group that they should take the deceased beneficiary's share rather than the descendants of said deceased beneficiary.
		The words "per stirpes" indicate that Moe & Larry are not entitled to claim Curly Joe's share due to his death before their father.
	www.medlawplus.com /legalforms/instruct/stirpes.tpl (417 words)

	Elder Law, Wills, Trusts and Estates > Wills in British Columbia
		Whatever is left is divided ½ to spouse and ½ to descendant per stirpes.
		Note the distinction that you may want to make between distribution "per capita" or "per stirpes." A per capita distribution means "by the head" and requires beneficiaries to be alive in order to acquire their share.
		Per stirpes is also Latin referring to the offspring of a person; his or her descendants.
	www.duhaime.org /LegalResources/ElderLawWillsTrustsEstates/tabid/349/articleType/ArticleView/articleId/24/Wills-in-British-Columbia.aspx (2074 words)

	[No title]
		Under all three rules (per capita, traditional per stirpes, and per capita at each generation per stirpes), the intestate estate is passed to the same descendants.
		Per capita distribution: Anna’s descendants - two sons and three grandchildren each receive 1/5 of her estate.
		Per capita at each generation per stirpes: Each of her two surviving sons receives 1/4 of her property.
	acct.tamu.edu /lassila/613chap4bostbooksolutions.doc (729 words)

	SurfWax: News, Reviews and Articles On Per Stirpes
		She names her three children as her primary beneficiaries "per stirpes," each to receive a third of her IRA when she dies.
		Per stirpes means "through the root" -- if one of her children is not alive when Mary dies, his third of a share will go to his children.
		Per stirpes means to the lineal descendants of the deceased child...
	www.lawkt.com /files/Per_Stirpes.html (284 words)

	VIP Access: Advice & Planning: Financial Planning Strategies
		Per capita is a Latin phrase meaning for each head, and the term is used in wills and trust agreements to indicate that each of the named beneficiaries should inherit equal shares of the estate, as illustrated in the following example:
		In this example, the distribution is made to the parent’s descendants per capita.
		In this example, the distribution is made to the parent’s descendants per stirpes.
	vip.lasallebank.com /advice/daily.asp?id=106 (153 words)

	In re Lock Revocable Living Trust (Site not responding. Last check: )
		Appellants essentially contend that the plain and unambiguous language of the Trust dictates a per stirpes distribution, discussed infra, and, thus, the trial court erred in (1) concluding that the language of the Trust was ambiguous and (2) considering extrinsic evidence of Annie Lock's intent.
		On the one hand, "per stirpes" means that an estate is to be divided into as many equal shares as there are siblings, whether surviving or deceased, of a decedent.
		Hence, "per stirpes" is in conflict with the remainder of the provision, that directs Annie Lock's estate to be distributed "to my then living brothers and sisters in equal shares," to those siblings who are living at the time of Annie Lock's death.
	www.hawaii.gov /jud/opinions/sct/2005/25214.htm (4498 words)

	[No title]
		The children argue that the express reference to per stirpes in a trust article directing distribution of principal takes precedence over a subsequent article defining per stirpes in conformity with the intestacy laws of Maine in effect at a future date.
		1999) (Per stirpes is defined as "proportionally divided between beneficiaries according to their deceased ancestor's share.") In contrast, under the Maine Probate Code's rules of intestate descent, providing for distribution per capita, each of the seven children would take a one-seventh share.
		[¶7] The provision of the trust defining the term per stirpes, as that term is used in the trust documents, creates no inconsistency with the use of per stirpes in a preceding article governing distribution; the definition simply directs the distributional scheme.
	www.courts.state.me.us /opinions/documents/02me89ro.htm (826 words)

	OSCN Found Document:Estate of Kinnamon, Matter of
		The trial court found that Lucille's heirs at law are her two living adult children and three grandchildren descended from her deceased son, Floyd, and found that the use of the terms "per capita" and "per stirpes" did not constitute an exclusion under 84 O.S. insofar as Floyd's children were concerned.
		"Per capita" is defined as "that method of dividing an intestate estate by which an equal share is given to each of a number of persons, all of whom stand in equal degree to the decedent, without reference to their stocks or the right of representation." Black's Law Dictionary, Sixth Edition, p.
		Black's defines "per stirpes" as "that method of dividing an intestate estate where a class or group of distributees take the share which their deceased would have been entitled to, had he or she lived, taking thus by their right of representing such ancestor, and not as so many individuals."
	www.oscn.net /applications/oscn/DeliverDocument.asp?CiteID=15575 (840 words)

	Book Updates - Law Firm Matlin & Fajerstein Attorneys Northbrook, Illinois
		No spouse or children surviving: All to parents, brothers, and sisters (and the descendants, collectively and per stirpes, of any deceased brother or sister) in equal parts, allowing to the surviving parent if one is deceased a double portion.
		Surviving spouse and children and at least one child is not a child of the spouse: $100,000 and half the balance to spouse and balance to children, equally and per stirpes.
		Surviving spouse and children not of spouse: One-third to spouse and two-thirds to children, equally and per stirpes.
	www.chicago-wills-trusts-ericmatlin.com /CM/Custom/BookUpdates.asp (8599 words)

	CCH Financial Planning Toolkit \| Per Stirpes
		The method of dividing an estate where a class or group of individuals take the share which their deceased ancestor was entitled to (had he or she lived), taking by their right of representing the deceased ancestor (sometimes refered to as taking "by representation").
		The opposite of this form of distribution would be per capita distribution.
		The first is known as a per stirpes distribution; the latter is called a per capita distribution.
	www.finance.cch.com /pops/gl_perstirpes.asp (197 words)

	- Keep Your Copyrights
		When used in connection with the distribution of property to a deceased person's descendants, Per Stirpes means that members of a related group of people, usually but not necessarily members of the same generation, each take the share of the estate which their closest ancestor would have taken if he or she were alive.
		In connection with the allocation of a deceased author's termination interest, Per Stirpes means that the termination right is to be shared among a related group of people.
		Under a per stirpes distribution, the two children of B receive half the estate and the three children of C receive the other half.
	www.keepyourcopyrights.org /glossary/per-stirpes (228 words)

	Kiplinger.com Community - who are legal heirs?
		Per Stirpes is another way of saying that it is awarded via probate to the heirs.
		I do know this, in my state "per stirpes" is seldom where you want the assets to go.
		Definition: Per stirpes is a Latin phrase (meaning per branch) used in wills that specifies that each branch of the testator's family is to receive an equal share of the estate.
	forums.kiplinger.com /showthread.php?p=8812 (337 words)

	per stirpes (Site not responding. Last check: )
		Another latin phrase is closely related to it and is "per capita", which means by the head.
		They usually are terms found in wills and determine the way property is left in situations where a beneficiary dies before the person in whose will he or she is named.
		For example, if you want your IRA to go to your brother, but if he pre deceases you, "(brother's name per stirpes" will direct those funds to his children in equal shares instead of to your estate or other contingent beneficiary.
	www.board.fairmark.com /board1/messages/34260.htm (432 words)

	In re Estate of Damon
		According to the per stirpes petition, if the stirpital root is set at the level of Damon's children, then this produces two shares, one for the descendants of Samuel Damon and one for the descendants of Henry Damon, resulting in the same distribution scheme as income.
		In fact, the Court concludes that the words "per stirpes" as used with respect to the distribution of [corpus] and the words "by right of representation" as used with respect to the distribution of net income mean the same thing.
		For purposes of distribution of the corpus upon termination of the [t]rust, the Court finds and concludes that the stirps are the ancestors of the takers and not the first takers and that the stirps are the children of [Damon] as [Damon] is the common ancestor from whom representation begins.
	www.state.hi.us /jud/opinions/sct/2006/25216.htm (8572 words)

	Per capita (Site not responding. Last check: )
		Per capita is a Latin phrase meaning for each head.
		Usually used to indicate the average per person of any given statistic, commonly income.
		This is in contrast to a per stirpes division, in which each branch of the inheriting family inherits an equal share of the estate.
	www.centipedia.com /index.php?title=Per_capita (156 words)

	Per Stirpes vs. Per Capita :: Death and Taxes Blog
		You could leave your property "in equal shares per capita to my descendants who survive me." In this case, nine equal shares will be created, one for each living descendant (so one for each child of yours, and one for each child of Stanley).
		If you have left your property "in equal shares per stirpes to my descendants who survive me" in your will, then your property will be divided into five equal shares.
		I think the preference of most estate planners is in favor of "per stirpes." "Per capita" is like a bowl of porridge, and can be "too hot" or "too cold." "Per stirpes" may not be "just right," but I think it's closer to what most decedents want to do.
	www.deathandtaxesblog.com /2007/04/per_stirpes_vs_per_capita_1.html (492 words)

	Per Stirpes and Per Capita...What Do They Mean?
		In almost every will that is shown to me in estate planning sessions, there appears the term "per stirpes." And, in hundreds of such sessions, I have yet to find a consumer who understands what it means.
		The two terms "per stirpes" and "per capita" are opposite terms.
		Literally, the term "per stirpes" means "in the stirrups of" and means that the grandchildren are "in the stirrups of" the children.
	www.buybeach.com /estate_planning/dostirpe.htm (323 words)

	LawEasy.com - Beneficiaries
		If instead your beneficiary designation is "one half to my son John, or if he is not living or disclaims to his heirs per stirpes; and one half to my daughter Jane, or if she is not living or disclaims to her heirs per stirpes".
		If the account had $100 and it was distributed per stirpes since both of your children pre-deceased you, Janes to children would share her $50 share (1/2 x $100)/2 or $25 each.
		With this background, if you want assets to pass "per stirpes" (and most parents seem to, but that doesn't mean its right or better), then yes, per stripes might work.
	www.laweasy.com /q/Beneficiaries/20060901183147 (475 words)

	FDIC: FDIC Law, Regulations, Related Acts - Advisory Opinions
		Under the law, these lineal descendants would take "per stirpes", that is, the descendants would divide the share among them that the original beneficiary would have been entitled to (if beneficiary X had three children, each would receive a one-third share of X's interest in a testamentary account).
		Depositors may provide for such distributions by stating on signature cards that they designate an individual and the lineal descendants per stirpes of the individual as the beneficiaries of the account (you state that forms are being provided which allow depositors to do this by checking off boxes).
		In the instant matter, the provision for distribution of a beneficiary's interest to his lineal descendants per stirpes as you have described it fails the test for federal deposit insurance coverage of testamentary accounts on at least one prong.
	www.fdic.gov /regulations/laws/rules/4000-5610.html (704 words)

	Rule of Law: What Does the Phrase "Per Stirpes" Mean?
		If something is given to “issue per stirpes,” then if a person in one generation has died before the relevant time, members of the next generation take their deceased parent's share by representation.
		Worst, I once dealt with a will in which the residue of an estate was left to one specific beneficiary “per stirpes.” The beneficiary had died before the testator.
		I represented the executor, who asked the court to interpret the will (which had been drafted by someone who was not a lawyer.) The court found that the testator intended for the named beneficiary’s children to take her share.
	rulelaw.blogspot.com /2006/04/what-does-phrase-per-stirpes-mean.html (893 words)

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