Legal Question in Wills and Trusts in Utah
Residue Bequest Exhibit
What is this form? what is meant
by, per stirpes ?
1 Answer from Attorneys
Re: Residue Bequest Exhibit
The form cannot be attached. Per stirpes is a legal term which means that your property is divided between your heirs at each generation as follows:
Mom and Pop have four children, all are entitled to 25% each. Child #1 dies before Mom and Pop, but has 2 children. Each child of #1 gets half of their parent's share. Child #2 also predeceases, and has three children. These children get 1/3 of what their parent inherits. Child #3 and #4 get the original 25% each.
CAUTION DOING ESTATE PLANNING ON FORMS IS VERY RISKY - THERE ARE SPECIFIC WAYS WHICH A WILL OR TRUST MUST BE EXECUTED, AND IF NOT DONE PROPERLY CAN INVALIDATE YOUR ATTEMPT TO CREATE THE WILL OR TRUST. THE MONEY YOU SAVE BY NOT USING AN ATTORNEY IS MINOR COMPARED TO THE COST IF YOU MAKE A MISTAKE.