The Primary Beneficiary of the policy shall be as follows: The proceeds subject to this designation shall be divided into shares, per stirpes
, for such of my descendants as survive me, and each share shall be disposed of as provided in Article 4 of my [name of trust], to be added to and disposed of as a part thereof.
, co-owner of Crumb Together, a new cookie and coffee shop in downtown Eugene, said she and her husband, Tony, had planned to launch the business months ago, but one small detail stood in the way.
82) If the decedent leaves a surviving spouse and more than one child or descendants through more than one child, then one-third of the separate property passes to the spouse and two-thirds pass to the children or to the descendants--equally if in the same degree of kindred, but per stirpes
8) "[I]f the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the descendants in being at the time of the decedent's death per stirpes
Upon termination of each trust, the remaining assets will be distributed per stirpes
to the settlor's grandchildren.
The will required that the remainder pass to Marie "if she survives me, and if she does not survive me, or dies before my estate is distributed to her, to my issue me surviving, in equal shares per stirpes
Finally, clients may not understand common terms such as "executor," "guardian," "trustee," "per stirpes
," and "per capita.
401(1) further states that "[i]f not devised as authorized by law and the constitution, the homestead shall descend in the same manner as other intestate property; but if the decedent is survived by a spouse and one or more descendants, the surviving spouse shall take a life estate in the homestead, with a vested remainder to the lineal descendants in being at the time of the decedent's death per stirpes
for A for life, remainder to B or to accumulate the income for a valid perpetuity and accumulation period and then to distribute the capital equally per stirpes
between the descendants of the settlor).
If a beneficiary died without issue, his share was divided among the remaining beneficiaries or their issue per stirpes
401(1) provides the surviving spouse with a life estate with a vested remainder in the testator's lineal descendants per stirpes
On the last primary beneficiary's death, the trust principal was distributable to the settlor's grandchildren per stirpes