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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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Next Stanford law wave?
MrThickRopes
17:38
Hey
BatmanBeyond
17:39
Personally withdrew from Georgetown Law and filled out their withdrawal form but got a WL email just now? Should I ignore?
FeignedSloppyDugong
17:43
did a Georgetown wave just happen?
FeignedSloppyDugong
17:43
oh nvm sorry just read what you wrote
17:50
It is stupid to withdraw just so one can R&R next year for the sole purpose of applying to ONLY GULC to call one's self a "hoya lawya"?
17:52
(ED) ofc
18:01
@hyrulefantasy: probably never lol just a few trickle As
18:02
@llama: not for you, little hoya
18:08
@DigiFartHoe: I will do what is required of me to pursue justice for those who's wifi was hacked during the LSAT.
18:11
whose* the sun is right in me eyes
18:11
God bless you, boy
18:17
(is infarct a gurl despite what some may believe to be the case)
dw llama I've had two career-ending typos today (one in this chat, ty starfishies)
the other one I accidentally made it sound like I was telling my supervising attorney to work on passive voice when I was saying that I, myself, needed to work on passive voice
18:53
@JupitersMoons: Dont talk at me, I have a bf (@DigiFartHoe)
18:53
jk but sometimes it be like that.
18:55
GUYS
18:55
I decided where I’m committing
19:00
@ChowieBean: !!! Excitement level: 100
19:03
BERKELEY!!!
19:15
Llamaaaa
19:19
@ChowieBean: Congratz Chowie, happy for u :)
eggan
20:33
congrats chowie :)
20:47
Thank you guys so much
20:47
For everything
21:38
@ChowieBean: go bears 🥳🥳
HOLY SHIT CONGRATS
guys I wanna get off the gulc wl so bad
would risk it all for that aaaaaaaaa
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