Legal Question in Wills and Trusts in Massachusetts
per stirpes
We have the following language in a trust. Is the asset division by 3 (child1..3), then by stirpes to the grandchildren or by the number of grandchildren. This has been a very difficult question in which experts have not answered. This is the entire text of this section and has determined the distribution method.
Upon the death of the survivor of the Donor, his said wife, Wife�s name, his children, Child_1, Child_2, and Child_3, the Trustees shall distribute whatever shall remain of the trust estate � per stirpes � to the grandchildren, natural or adopted, of the said Donor. The share of any predeceasing grandchild or grandchildren shall be distributed � per stirpes � to the issue of such grandchild or grandchildren living at the time of the termination of said trust.
thank you
3 Answers from Attorneys
Re: per stirpes
Very simple... "per stirpes" = by the blood. Child 1's children get child 1's share... child 2's children get his/her share and child 3's children get his/her share. Simply put grandchildren take what would have been their parent's 1/3 share and split between them
Re: per stirpes
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred�s will states that heirs of a deceased beneficiary are to receive the property "per stirpes," Julie will receive one-half of the property, and Alan�s two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred�s will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.
Re: per stirpes
In plain English, the "per stirpes" language means that a deceased grandchild's share will be distributed in equal shares to the surviving issue (i.e., children) of that deceased grandchild.
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