Legal Definitions - stirps

The term stirps refers to a specific branch or line of descent within a family, typically originating from a common ancestor. In legal contexts, especially concerning inheritance, it identifies a particular root from which a group of heirs descends. This concept is crucial when determining how an estate is divided among beneficiaries, particularly when some potential heirs have predeceased the deceased, and their share passes to their own children.

Here are some examples to illustrate the concept of a stirps:

• In a Will's Distribution: Imagine an elderly woman, Mrs. Chen, who has two children, David and Emily. David is alive and has three adult children. Emily passed away several years ago, but she left behind two adult children. Mrs. Chen's will states that her estate should be divided "per stirpes" among her descendants. In this scenario, David represents one stirps, and Emily, despite being deceased, also represents a stirps through her children. David would receive half of Mrs. Chen's estate directly, while Emily's two children would collectively receive the other half, dividing it equally between themselves. This ensures Emily's line of descent receives the share she would have.

• In Intestate Succession (Dying Without a Will): Consider a situation where Mr. Rodriguez dies without a will. He had three children: Maria, Juan, and Sofia. Maria is still alive and has no children. Juan passed away years ago, leaving behind two children. Sofia is also alive and has one child. State law dictates that when someone dies without a will, their estate is distributed "per stirpes" to their descendants. Here, Maria forms one stirps, Juan (through his children) forms another stirps, and Sofia forms a third stirps. Maria and Sofia would each receive one-third of Mr. Rodriguez's estate. Juan's two children would collectively receive the remaining one-third, dividing it equally between them, as they represent Juan's line of descent.

• In Trust Distributions: A family creates a trust fund designed to provide for their grandchildren. The trust document specifies that upon the death of the last surviving parent (the primary beneficiaries), the remaining trust assets will be distributed to the grandchildren "per stirpes." If one of the primary beneficiaries, Mr. Lee, had three children, and one of those children, Sarah, passed away before Mr. Lee, leaving two children of her own, then Sarah's line of descent would constitute a stirps. When the trust is distributed, Sarah's two children would collectively receive the share that Sarah would have received had she been alive, ensuring that her branch of the family is included in the inheritance.