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We have a revocable trust, and 2 sets of children. T,T,and R…

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We have a revocable trust...
We have a revocable trust, and 2 sets of children. T,T,and R will split 40%of estate per stirpies.
L1 and L2 will split 60% per stirpiesHowever, what happens if L2 predeceases trustees and has no children,. Does the other L receive the whole 60%?
Submitted: 2 months ago.Category: Estate Law
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12/13/2017
Estate Lawyer: Attorney2, Attorney replied 2 months ago
Attorney2
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Welcome and thank you for your question. Which State does your question pertain to?

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Estate Lawyer: Attorney2, Attorney replied 2 months ago

" L2 predeceases trustees and has no children,. Does the other L receive the whole 60%?" Yes

"Per stirpes translates loosely to "by roots" in Latin. It refers to your beneficiaries. They take from your estate by right of representation, which means that they'll inherit in a share equal to that of the individual they're representing.

The term is commonly applied to grandchildren. It might appear in your will as something like, "I leave XYZ to my then living descendants, per stirpes."

Here's how it works. Whatever bequest a parent would have been entitled to receive from your estate moves to her children if she predeceases you. If you have two children, each of them might receive a one-half share of your estate. Your grandchildren will receive nothing -- at least while their parents are living. But if one of your children should predecease you, her one-half share would pass in its entirety to her children...

Per Stirpes vs. Per Capita Distributions

Contrast this to "per capita," which translates loosely to "by head count." You might see this presented in your will or trust as something like, "I leave XYZ to my then living descendants, per capita."

If you have two children and five grandchildren who survive you, all would receive a 1/7 share of your estate in a per capita distribution because there are seven of them.

If one of your children predeceases you, each of the others would receive a 1/6 share because now there are only six of them. Her share effectively returns to your estate -- it doesn't pass to her descendants. The right of representation becomes moot because your grandchildren are already receiving a share." https://www.thebalance.com/per-stirpes-definition-in-wills-3505583

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Estate Lawyer: Attorney2, Attorney replied 2 months ago

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Estate Lawyer: Attorney2, Attorney replied 2 months ago

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