Simple English definitions for legal terms
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Pure per stirpes is a way of deciding who gets someone's things when they die without a will. If the person who died has a spouse, the spouse gets some of the things. But if there are kids or grandkids, they get the rest. If one of the kids died before the person who died, that kid's share gets split between their own kids. If a kid died without having any kids of their own, they don't count. But if the person who died didn't have any kids, their things still get split up like they did.
Definition: Pure per stirpes is a way of deciding who gets the property of someone who has died without a will. If the person who died has a surviving spouse, the spouse gets some of the property. The rest of the property is divided among the person's children and their descendants. In the pure per stirpes system, the property is divided into equal parts at the generation closest to the person who died (their children). If one of the children has died, their share is divided equally among their own children (the person who died's grandchildren). If a child who died has no children of their own, their share is ignored. But if the person who died has no living children, the property is still divided at the children's generation instead of skipping to the grandchildren's generation.
Example: John died without a will. He was survived by his wife, Mary, and their two children, Tom and Sarah. Tom had two children, but Sarah had no children. In the pure per stirpes system, Mary gets a share of John's property, and the rest is divided into two parts (one for each child). Since Sarah has no children, her share is ignored. Tom's share is divided equally between his two children. So Mary gets a share, Tom's two children each get a share, and Sarah gets nothing.
Explanation: This example shows how the pure per stirpes system works. The property is divided into equal parts at the children's generation. Since Sarah has no children, her share is ignored. Tom's share is divided equally between his two children. This ensures that each branch of the family gets an equal share of the property.