Per Stirpes is an English legal term derived from Latin, meaning “per part”. A legal property of a deceased individual is divided per stirpes by each of his branches of the family to get an equal share in an estate. The term per stirpes was created by the French Court of King Henry III.
Per stirpes can be a legal document that is used to give a person a share in the estate. It can also be used to distribute a person’s assets to one or more of his children or to one or more of his dependents.
An example of the use of this type of document is when someone dies intestate and leaves a will. The will states who the heir will be but does not specify how his inheritance will be distributed.
Per stirpes can also be used to establish and enforce an agreement between an unmarried couple to remain married until they die. It is also used to determine a will’s value or to settle the estate. This is where the name comes from.
There are many other legal documents that can be used to create an agreement. When one dies intestate, his property would be divided in half to his descendants. If there is more than one descendant to divide, the court would divide it into thirds. The court can use Per Stirpes to divide properties that are owned by a dead person.
Per stirpes can also be used to determine the value of any property that the deceased may own at the time of his death. This includes properties such as houses and cars. These properties will be divided on a per capita basis.
One of the last things that can be determined by a per capita distribution of final property is what kind of funeral can be given to the deceased. This is done to help pay for his burial and for other expenses associated with his funeral. This can be an expense of cremation, an expense for having the ashes scattered, or a combination of the two.
If a will is prepared using the Per Stirpes method, it must be reviewed by a professional to make sure it complies with all the laws of the state in which it will be executed. This means that it should have certain clauses or information written that is not available in the public domain.
A person cannot sell his final property. The only exceptions are selling it if he is not interested in the sale and if it is for a “good purpose”. Other people cannot claim it or inherit it.
Another way that the final property can be used to pay for the funeral of a deceased is when the family agrees. This can occur when they want to pay for a casket that will be sent to the funeral home for the deceased. It can also be a gift of money to cover the funeral expenses.
It is very important that the property be handled properly. The reason being that if it is handled improperly, it can end up costing someone money. It is also important to keep a good relationship with the person handling it.
It can also affect the relationship between the family. It can cause resentment. If the estate planning attorney has been negligent in handling the property or if there is any other situation that affects the person handling the property, it can result in the person being less cooperative in the court process.
For that reason it is important that everyone involved in the estate knows how it is going to be dealt with. Everyone involved should be aware of the legal documents that will be used to create an agreement and the steps that are necessary to implement the agreement.
