Jacksonville, FL asked in Probate and Estate Planning for Florida

Q: If an item in a will states In the event my spouse predeceases me, I give and bequeath the sum of * to my son per stirpe

What exactly does that mean? Does the son really inherit anything?

Related Topics:
2 Lawyer Answers

A: While a review of the estate planning documents/will is needed and necessary, it generally is telling you this; if the spouse dies first then the son can take that designated portion, it is an alternative backup option in the event the spouse dies first. The son only inherits if the spouse is deceased at that time. Per Stirpes also is saying, if the spouse is deceased first and then later the son becomes deceased, per stirpes means that the son's heirs will receive an inheritance on his behalf if he outlives the spouse in this scenario.

Terrence H Thorgaard and Ira Markowitz agree with this answer

1 user found this answer helpful

A: "Per stirpes", as opposed to "per capita", means that an heir takes that portion that his ancestor would take. Thus, if in your example, the spouse and the son both die before the testator (the person who made the will), and the son is survived by one child and two grandchildren, the son's child gets 1/2 of the estate and each of the son's grandchildren gets 1/4.

If it were "per capita", the child and the two grandchildren would each get 1/3 of the estate.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.