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Simple English definitions for legal terms

Modified Per Stirpes

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A quick definition of Modified Per Stirpes:

Modified per stirpes is a way of deciding who gets what when someone dies without a will. If the person who died has a spouse, the spouse gets some of the stuff. But if there's anything left over, it goes to the person's kids or grandkids. If all the kids are dead, but at least one grandkid is alive, the grandkids get the stuff. If one of the grandkids is dead, their share gets split up among their own kids. It's like sharing a pizza - if one person can't eat their slice, their slice gets divided up among the other people at the table.

A more thorough explanation:

Modified per stirpes is a way of deciding who gets what when someone dies without a will. If the person who died has a surviving spouse, the spouse gets a share of the estate. The rest of the estate is divided among the descendants of the person who died.

In the modified per stirpes system, the estate is divided into primary shares at the generation nearest to the person who died that contains at least one living member. For example, if all of the person's children are dead, but at least one grandchild is alive, the primary shares are determined at the grandchildren generation rather than the children generation.

If a person from the "primary share" generation has died before the person who died, that one primary share is further divided by the number of people at the next generation.

Let's say John dies without a will. He is survived by his wife, Mary, and their two children, Tom and Sarah. Tom has two children, but Sarah has no children.

In this case, Mary would get a share of the estate, and the rest would be divided between Tom and Sarah. However, if Tom had died before John, his share would be divided between his two children.

So, if Tom had died before John, the estate would be divided into three primary shares: one for Mary, one for Sarah, and one for Tom's two children.

Modified per stirpes can get complicated, but it ensures that the estate is divided fairly among the descendants of the person who died.

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HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
I've been UR since first/second week of Jan, no updates otherwise, is that a bad sign? At or above median LSAT and above 75th gpa.
The profile links are not working for me. anybody else?
13:18
i’m in the same boat mastermonkey but with lower stats. i hope i hear back by mid march
CheeseIsMyLoveLanguage
13:24
@mastermonkey45: Looking at some of the recent decisions in relation to when they went complete, I'd say it's a good sign. It seems many declines were sent within about 5-6 weeks of completion. Given those were applications that were SENT in January, I'd say that means you're still solidly in the running. :)
14:30
Sent an app to OSU in early december and have STILL not heard back
Give it 4 more weeks at least. Everyone in this chat needs to wait longer.
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