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"per stirpes" legal terminology

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ramcost

Junior Member
What is the name of your state? new jersey
:confused:

My deccessed husband's ant passed away recently and left behind a revocable trust agreement which assigned him as a one of the beneficiaries. My ant's trust wasn't changed since 2005 and my husband, passes away a year ago.The wording in the distribution trust form is the following:"the sum of... shall be distributed to the Grantor's nephew if living, otherwise, in equal shares to his issue, per stirpes, or if none, this bequest shall be divided on a pro rata basis bewteen B1-6".
My husband's relatives told me that the amount it's going to be divided in between the other beneficiaries since there are no children left behind because there is no stipulation about a surviving wife.:(
Does anyone knows what are the legal implications of the terminology "in equal shares to his issue, per stirpes"? Can it be only exclusivly addressed to the children, if we don't have any ? I would deeply appreciated if you can give me a piece of advise. thank you very much!

The revocable trust was signed in Florida. :confused:
 
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las365

Senior Member
"the sum of... shall be distributed to the Grantor's nephew if living, otherwise, in equal shares to his issue, per stirpes, or if none, this bequest shall be divided on a pro rata basis bewteen B1-6".
This means that if your husband ("Grantor's nephew") was still alive, he would receive the sum of $x as described. "Otherwise," (because he is not living) "his issue," meaning his children, would get the money divided equally among them. "Per stirpes" is a term that describes the division of the bequest to the theoretical children (and potentially their children) if they existed. "Or if none," meaning if he does not have children, the money is divided among the other beneficiaries.

Auntie didn't make a provision for Grantor's nephew's spouse, only his children if he had any, so you get nothing. Apparently she wanted to keep the money in the blood family.
 

ramcost

Junior Member
thank you for explinations!

I was skeptical when the relatives communicated this to me, I thought since they were the beneficiaries they couldn't be quite impartial.But like you said it seems to be something designated exclusivly only for the blood steam. Very selfish I would say.
Thank you again!
 

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