Does per Stirpes go to spouse?

Does per Stirpes go to spouse?

With a per stirpes designation, any amount that you leave for a beneficiary that predeceases you will be passed down evenly to his or her own heirs, usually children. Per stirpes generally refers to every person lower down in a family tree, so spouses are generally excluded.

Is per Stirpes a good idea?

So, attorneys should use the term “per stirpes” only in the context of descendants and not go rogue by using “children, per stirpes” or “siblings, per stirpes.” Also, it is a good idea to use a proper definition of “per stirpes” because the term varies in different jurisdictions.

What does per Stirpes mean legally?

Per stirpes is a legal term stipulating that should a beneficiary predecease the testator—the person who has made the will—the beneficiary’s share of the inheritance goes to that beneficiary’s heirs. While per stirpes and per capita are similar, there are differences.

What is the opposite of per Stirpes?

The two terms “per stirpes” and “per capita” are opposite terms. A will, or other document, usually has one or the other term used at least one time. Literally, the term “per stirpes” means “in the stirrups of” and means that the grandchildren are “in the stirrups of” the children.

How does per Stirpes distribution work?

An estate of a decedent is distributed per stirpes if each branch of the family is to receive an equal share of an estate. When the heir in the first generation of a branch predeceased the decedent, the share that would have been given to the heir would be distributed among the heir’s issue in equal shares.

Who inherits if a beneficiary dies?

The beneficiary’s descendants. Unless the will named an alternate beneficiary, anti-lapse laws generally give property to the children of the deceased beneficiary. For example, if a woman left money to her daughter, and the daughter died first, the money would go to the daughter’s children.

Does the spouse get everything after death?

California is a community property state, which means that following the death of a spouse, the surviving spouse will have entitlement to one-half of the community property (i.e., property that was acquired over the course of the marriage, regardless of which spouse acquired it).