Legal Question in Wills and Trusts in Alabama

I live in Alabama. My mother's will states that after the payment of my just debts and funeral expenses, I leave all personald and mixed property to my husband, Claude Nathan Nall, per stripes. What does "per stripes" mean?


Asked on 2/08/11, 12:17 pm

1 Answer from Attorneys

Dean Stein Harville-Stein Law Offices, LLC

Per Stirpes means "by the root". It is not usually associated with a testamentary bequest to a spouse. It is typically used when leaving a bequest to a child of the decedent. That way, if a child of a decedent should also die, and if that child had children, the children would only divide among them what their parent would have gotten, not share equally with other surviving siblings of their deceased parent.

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Answered on 2/08/11, 1:17 pm


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