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Simple English definitions for legal terms
stirps
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A quick definition of stirps:
Term: STIRPS
Definition: Stirps means a branch of a family or a line of descent. When someone dies, their property can be divided among their descendants. If it is divided per stirpes, it means that each branch of the family gets an equal share based on their ancestor's share. For example, if a grandparent dies and leaves their property to their children, but one of their children has died, that child's share will be divided equally among their own children (the grandchildren of the grandparent). This is called per stirpes.
A more thorough explanation:
STIRPS
Stirps means a branch of a family or a line of descent. It is a Latin word that means "stock".
Per stirpes is a legal term that means dividing something among the descendants of a deceased person. It is divided proportionately according to their ancestor's share.
John has three children: Tom, Sarah, and Emily. Tom has two children, Sarah has one child, and Emily has three children. If John leaves his estate to his children per stirpes, it means that each child will receive one-third of the estate. Tom's two children will split his one-third share equally, Sarah's one child will receive her one-third share, and Emily's three children will split her one-third share equally.
Another example is if a grandparent leaves their estate to their three children, but one of the children has passed away, leaving behind two children. If the grandparent's will states that the estate should be divided per stirpes, it means that the two children of the deceased child will split their parent's share equally with their two living aunts or uncles.
These examples illustrate how per stirpes works in dividing an estate among descendants. It ensures that each branch of the family receives an equal share of the inheritance, even if one branch has more descendants than the others.