Estate Distribution Clarification

Summary

The interpretation of per stirpes in a will typically means that if a beneficiary predeceases, their share is passed to their descendants. However, the definition of child in a will or trust may specify only direct descendants, which could exclude grandchildren. Understanding these terms is essential for estate distribution.

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My child David Miller born on November *, *, died on March *, *," followed by the instruction that "The Personal Representative may accept these dates as conclusive in making any determination for which they are pertinent," further reinforces the intent to limit David's line at his death for the purpose of defining "Children. While "per stirpes" typically means that if a beneficiary dies, their share passes to their lineal descendants, this principle is usually applied to the distribution of the estate to the next generation of beneficiaries, not to the definition of who constitutes a "child" in the first place. The clause specifically defines "Child" as a "descendant of the first generation," which, in the context of the testator, refers to their direct offspring. David's grandchildren would be descendants of the second generation from the testator.
It seems like you're dealing with a question about the interpretation of a will or trust, particularly regarding the definition of "child" and the application of "per stirpes." Here are a couple of points to consider:
- "Per stirpes" typically means if a beneficiary predeceases, their share goes to their descendants.
- The will/trust may specify "child" as direct descendants, potentially excluding grandchildren.
Do you need help clarifying how this applies to the estate distribution?
Just need info. No case detail yet
It sounds like you're looking for information on the interpretation of a will or trust, specifically regarding the terms "per stirpes" and "child." Here are a couple of key points:
- Per Stirpes: Typically means if a beneficiary dies before inheriting, their share is inherited by their direct descendants.
- Child Definition: A will or trust may define "child" as only direct descendants, possibly excluding grandchildren.
If you have any specific questions about how this might apply to an estate, feel free to ask!