A property owner died intestate, leaving behind a parcel of land. The owner had two children, a son and a daughter. The son had predeceased the owner, leaving behind three children (grandchildren of the owner). The daughter is still alive. Under the state's intestacy laws, property is distributed per stirpes. How will the property be distributed?
- AThe three grandchildren equally share 100% of the property, as their parent predeceased the owner.
- BThe daughter receives 50% of the property, and the three grandchildren equally share the remaining 50%.
- CThe daughter receives 100% of the property, as she is the only surviving child.
- DThe daughter receives one-third of the property, and each grandchild receives one-ninth of the property.
Show answer & explanationAnswer & explanation
Correct answer: B. The daughter receives 50% of the property, and the three grandchildren equally share the remaining 50%.
Per stirpes distribution means the estate is divided into shares at the first generation where there are living heirs, even if a member of that generation is deceased. Here, the first generation with living heirs (children) had two members, so the estate is divided into two shares. The daughter takes her 1/2 share, and the deceased son's 1/2 share passes to his children (the grandchildren) by representation.
Why the other options are wrong
- A. This is incorrect; the daughter is a living heir and would receive a share.
- C. Per stirpes does not cut off the issue of a predeceased child; they take their parent's share.
- D. This would be a per capita at each generation distribution, not per stirpes.
Per Stirpes Distribution
A method of distributing an estate where the heirs take by right of representation, meaning they take the share their deceased ancestor would have taken.
- Estate divided into shares at the first generation with living heirs.
- Deceased members of that generation who left issue have their share passed to their issue.
- Each branch of the family receives an equal share.
- Commonly used in intestacy laws.
Memory trick: Stirpes Starts from the Stem, Capita Counts Each Child.