Why per stirpes?

[Cda1987]

What is the name of your state?What is the name of your state? Illinois
My aunt had a trust that left her assets to her siblings one of which was my father. My father didn't live until the trust was settled. The trust was written "to be divided equally between her siblings per stirpes." The lawyer I talked to said my father's wife will be entitled to half his share, the other half going to his children since he died without his own trust or will. If the term per stirpes means that in the event the benificiary dies before distribution then his heirs step up in his place and receive his share, and yet his new wife gets half, then why add the per stirpes. I'm sure this isn't what my aunt had in mind. Or am I wrong in assuming (as I'm sure she was) that heirs means "blood line" for lack of better word?

 

[Dandy Don]

Auntie could not have known in advance that her sibling would die, but she did anticipate that it could be a possibility, which is why she wisely used the phrase per stirpes. You sohuld be grateful to get anything and the only reason you are getting anything is because she used that phrase.

Why would you want to deny your father's wife a share of the estate--is she your stepmother? It's your father's fault for not making a will!!

DANDY DON IN OKLAHOMA ([email protected])

 

[seniorjudge]

Q: The lawyer I talked to said my father's wife will be entitled to half his share, the other half going to his children since he died without his own trust or will.

A: Correct.


Q: If the term per stirpes means that in the event the benificiary dies before distribution then his heirs step up in his place and receive his share, and yet his new wife gets half, then why add the per stirpes.

A: The wife is an heir.


Q: I'm sure this isn't what my aunt had in mind.

A: It was exactly what your aunt had in mind since she put it in writing.


Q: Or am I wrong in assuming (as I'm sure she was) that heirs means "blood line" for lack of better word?

A: You are wrong.

 

[Cda1987]

The aunt

I know the step gets half of dad's money, where my aunt messed up was in making it part of a trust instead of a will. There is no way on earth my aunt would have wanted this woman (my dad's wife) to get one cent of her money. The Step was not even civil to my aunt, yet is there with her hand out when the money comes to pass around. I would suppose that when you ask why I wouldn't want the step to get the money you would have to understand the relationship between the two of them. My aunt was 90 years old, and might have believed she understood per stripes to mean heirs as "blood line" which is exactly what she said it was to me. If she thought for a min that the step beast would get any portion of her money she'd have burned it first. As for me, I would rather see it go into the ground with my dad then to go to this lady who married my dad. NO she wasn't a step mother, I am an adult. she was his wife, nothing more. If that sounds cruel maybe it's because "what goes around comes around" and she's been nothing but cruel to dad's family (especially his siblings). So while I know that's the right answer I'm sure my aunt didn't.

 

[Cda1987]

One more reply to Dandy Don,
I am not grateful That I got anything from my aunt. The only thing I got from her was the work involved in cleaning out 90 years worth of her life, dealing with greedy people crawling out the woodwork (which she warned me about) and frankly I don't care if I get one dime of her money. That has nothing to do with not wanting this woman who was my dad's wife to get her money. The reason is because she treated my aunt like CRAP and wasn't even remotely civil to her. Yet she is the first in line wondering when she'll get her share and yelling that his (and the aunts) other siblings will get it instead. I had advisd my dad to do a trust. but I'm damn glad he didn't because then hiw wife would have gotten it all. Also now that dad isn't around to impress with how kind she can be to his kids, she doesn't even talk civil to me, hangs up on me, and all I want to do is find out if there is a will or trust so I know how much to send her so I can be done with her for good. I don't have attitude because I want more money, i could care less about her money. THAT IS THE TRUTH. I care more about what my aunt thought, and what's the truth, and how much she despised this woman. But it will be done legal even if I have to hire another lawyer in AZ to find out the information I need just to avoid having to deal with her again. I just hope that lawyer gets paid from her share since I dont think it would be fair to the rest of the aunt's siblings to have to pay for her ignorance and inability to answer a civil question. I'm offended by your implications that 1) I'm unhappy because I don't get more or 2) that she is considered my step mother when I was an adult when she married my dad and at best can only be considered HIS WIFE.

 

[seniorjudge]

My aunt was 90 years old, and might have believed she understood per stripes to mean heirs as "blood line" which is exactly what she said it was to me.


This is called heirs of the body:

heirs of the body
n. descendants of one's bloodline, such as children or grandchildren until such time as there are no direct descendants. If the bloodline runs out, the property will "revert" to the nearest relative traced back to the original owner.

http://dictionary.law.com/default2.asp?selected=864&bold=||||


Heirs Of The Body

n. A bloodline descendant, such as grandchildren and children. Once there are no longer any direct descendants left, the property will "revert" to the closest relative as traced back to the original owner.

http://www.legal-explanations.com/definitions/heirs-of-the-body.htm

 

[lwpat]

I suggest that you immediately contact the probate court in AZ and get a copy of your father's file. Since he died without a will you are entitled to a part of his estate along with any brothers or sisters. Next you need to hire an attorney to advise you. Without an attorney you may be in for big trouble.

 

[Cda1987]

How do I go about contacting AZ probate to get a copy of my father's file. Is there a file if he died without a trust or will? Isn't that something she would have had to do? I guess I'm not sure exactly what you mean by his "file".

 

[seniorjudge]

How do I go about contacting AZ probate to get a copy of my father's file. Is there a file if he died without a trust or will? Isn't that something she would have had to do? I guess I'm not sure exactly what you mean by his "file".

I suggest that you immediately contact the probate court in AZ in the county where the deceased had his residence and get a copy of your father's file if there was any probate proceedings. There will be one if he died without a will but the estate was probated anyway. Since he died without a will you are entitled to a part of his estate along with any brothers or sisters. Next you need to hire an attorney to advise you. Without an attorney you may be in for big trouble.

(Thanks, lwpat, for the original answer.)