Per Stirpes

Overview
Per Stirpes is a legal term used in estate planning to dictate how an inheritance is distributed among descendants when a beneficiary predeceases the testator (the person who made the will). It ensures that the deceased beneficiary’s share goes to their children, rather than being distributed among the surviving beneficiaries.

Detailed Explanation
In a per stirpes distribution, the inheritance is divided into equal shares for each branch of the family, regardless of the number of children each branch has. If a beneficiary dies before the testator, their portion of the inheritance is passed down to their children, or "issue," effectively maintaining the distribution among family lines.

For example, consider a testator who has three children: Alice, Bob, and Carol. If Alice has two children (David and Emma) but Bob and Carol do not have children, the inheritance would be divided as follows:

• Alice’s share goes to David and Emma, each receiving one-half of Alice’s portion.
• Bob and Carol would each receive their designated shares.

If Alice had passed away before the testator, the distribution would be:

• David and Emma would inherit Alice’s share (each receiving one-half of her portion).
• Bob and Carol would still receive their respective shares.

This method contrasts with per capita distribution, where the inheritance is divided equally among all living beneficiaries, without regard to family lines. Understanding how per stirpes works is crucial for individuals creating wills or trusts to ensure that their intended heirs receive their rightful inheritance, particularly in complex family structures.

In Texas, this method is recognized and can be explicitly stated in a will to clarify the testator’s intentions regarding how their estate should be divided among descendants.