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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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medicine is a scam
join the ethically ambiguous legal field instead
Dkk
18:57
I want to meet an attorney that defends clients who run into flat earth problems. I want an attorney that knows and believes in flat earth theory.
19:05
i want a flat earther for president. i want a guy who posts on 4chan for president. i want someone who mogs for president.
Dkk
19:18
Exactly. My version of that awful poem.
Dkk
19:19
I can accept a president with maybe one or two of the poems traits hut good God, all of them??? No ty.
windyMagician
19:20
president who respects sex is crazy
windyMagician
19:20
we had bill clinton already
Dkk
19:21
Bill Clinton, first and last black president
windyMagician
19:23
I want to go running but my leg feels weird
windyMagician
19:23
it doesn't hurt its just tingly
Dkk
19:26
It needs more alcohol. You tingle when your nerves need watering.
19:27
try stretching it maybe to see what's up
windyMagician
19:27
stretches make me think it's just soreness
windyMagician
19:27
I'm sober lol
Dkk
19:38
Anyone else get the google notification that your LSD password has been compromised lol. LSD got hacked.
20:48
what.jpg @Dkk
CynicalOops
21:03
You think you just fell out of a coconut tree?
jackfrost11770
21:10
nope dk
CynicalOops
22:37
Calvinamala Harris
jackfrost11770
23:16
should i start using letterboxed again
Dkk
23:25
@jackfrost11770: if you want but like it aint for me
dk do u ever eat at bk
Dkk
23:48
@chickenburgahfart: I would do that in the Army if really desperate for food or if I had to work through lunch. One of the few fast food places I go to.
bk so slept on
Dkk
0:23
I will take In N Out everyday over it when I can though.
texaslawhopefully
1:22
In N Out is not only the best fast food place, but the prices too are fantastic
Dkk
1:27
Indeed, indeed.
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