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Why doesn't the Intestacy CalculatorTM always ask about grandchildren, nieces, or cousins?

 


 

Brief Answer:  The per stirpes system of distribution goes on "forever" until there is a level of relation without any deceased members with living issue.  In order to allow the Intestacy CalculatorsTM to operate with greater efficiency, the public versions do not follow the per stirpes distribution through the end.  Once the share of deceased heirs is shown, the exclusive Per Stirpes CalculatorTM can be used to demonstrate how property is divided among up to 125 different heir classes.

 

Posted Jan., 2007 Kurt R. Nilson, Esq.          |            CLICK HERE FOR MORE ARTICLES

 

Full Answer:

When you enter a number of deceased heirs with living children that is greater than or equal to "2" for a state that follows the strict per stirpes method of distribution at that level of relation, the Intestacy CalculatorTM simply calculates the share of each deceased heir. 

 

In these circumstances, the answer notes the amount that will be divided among each deceased heir's living children or grandchildren.  The same result is given when there is a combination of living and deceased heirs at the same level of relation.

 

If, on the other hand, you enter "0" as the number of living children and "1" deceased heir with living children, the Intestacy CalculatorTM does not have to be concerned with the initial division between the deceased heirs, because the entire portion is given to the single deceased heir to be divided among the issue of that single deceased heir.

 

Strict Per Stirpes

The strict per stirpes method of distribution divides the share of each deceased heir among that deceased heir's living issue and that deceased heir's deceased issue with living issue of their own. 

 

The share of each 'secondary' deceased heir is then further divided in the same manner among living issue and deceased issue of that secondary heir.  (The term "issue" refers to all of a person's descendents, including children, grandchildren, great-grandchildren, and so on.)

 

This method of division continues until a level of relation is encountered in which there aren't any living issue or any deceased issue with living issue.

 

Division Example

Suppose $200,000 is divided between two deceased heirs: "Alan" and "Bob" giving each $100,000 to be divided between his respective heirs.  Alan has two children and Bob has four living children and one deceased child with two living children. 

 

To begin the per stirpes distribution, each deceased heir's (Alan and Bob) living and deceased children are counted.  Without any deceased children, each of Alan's living children receives an equal share of Alan's $100,000 or $50,000 each.

 

Bob, on the other hand, has four living children and one deceased child.  When it is known that Bob has a deceased child, it must next be determined whether that deceased child has any living or deceased children.  Any deceased child without living issue does not 'count' in the division.

 

Bob's deceased child has two living children of his own, which means that the deceased child's share will be divided among his two children. 

To distribute Bob's share, his $100,000 is divided by five: the number of living children and the number deceased children with living issue.  Each of Bob's living children receives a $20,000 share.  Bob's two grandchildren by his one deceased child will each receive a $10,000 share, which is the deceased child's $20,000 share divided by the number of living children.

 

Let the Per Stirpes CalculatorTM do the math for you.

 

Modified Per Stirpes

Certain states also follow a modified per stirpes method of distribution.  One modified method of distribution requires the estate to be divided equally among the living and deceased issue (with living issue) at the first level of relation that encounters a living member.

 

The Intestacy CalculatorsTM for these states will determine the appropriate division among the issue of multiple deceased heirs when there aren't any living heirs at the same level of relation.  For instance, Pennsylvania follows a modified per stirpes system.

 



Another modified per stirpes distribution takes the shares of all the deceased issue who belong to the same class and combines them for an equal division among the issue of those deceased issue.  The Intestacy CalculatorsTM for these states perform these calculations, as they are not required to gather information with as great detail.

 

If you are interested in knowing which per stirpes system is followed by your state, open the Interactive Summary of Laws and choose "Deceased Heirs" from the Main Menu.

 

Program Design

As noted, the per stripes distribution system goes on "forever" until it finds someone who is entitled to the property, as briefly shown by the Alan and Bob example. 

 

The Intestacy CalculatorsTM are also often interpreting much more information than is easily evident.  With these two facts, adding per stirpes components to each individual Intestacy CalculatorTM is too burdensome for the purpose of these versions, which are largely intended to disprove many of the common misconceptions about intestacy.

 

Per Stirpes CalculatorTM

The Per Stirpes CalculatorTM determines the correct division of shares through the great-grandchild level of relation from any level of deceased heir according to the 'strict' or traditional method of distribution.

 

 


 

 

 

Patent Pending / Copyright © 2006-2008 Kurt R. Nilson   

 

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