Legal Question in Wills and Trusts in Utah

Residue Bequest Exhibit

What is this form? what is meant

by, per stirpes ?


Asked on 8/18/08, 4:01 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Residue Bequest Exhibit

The form cannot be attached. Per stirpes is a legal term which means that your property is divided between your heirs at each generation as follows:

Mom and Pop have four children, all are entitled to 25% each. Child #1 dies before Mom and Pop, but has 2 children. Each child of #1 gets half of their parent's share. Child #2 also predeceases, and has three children. These children get 1/3 of what their parent inherits. Child #3 and #4 get the original 25% each.

CAUTION DOING ESTATE PLANNING ON FORMS IS VERY RISKY - THERE ARE SPECIFIC WAYS WHICH A WILL OR TRUST MUST BE EXECUTED, AND IF NOT DONE PROPERLY CAN INVALIDATE YOUR ATTEMPT TO CREATE THE WILL OR TRUST. THE MONEY YOU SAVE BY NOT USING AN ATTORNEY IS MINOR COMPARED TO THE COST IF YOU MAKE A MISTAKE.

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Answered on 8/18/08, 6:28 pm


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