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Per Stirpes Texas
The testator’s (will-maker) children will each get an equal split of the testator’s property or trust if the will says the property is to be distributed to the testator’s descendants per stirpes. When one of the testator’s children dies before the testator, their share will be distributed equally to their descendants (testator’s grand children). In case the deceased child does not have descendants, their share will be added to the rest of the property to be divided equally among the testator’s surviving children.
How Per Stirpes Works
If the Will-maker dies and there is a per stirpes term in their will, then the children of the Will-maker can divide their parents share equally. In a situation where there are three surviving children, each child will get 1/3 of the estate of the Will-maker. But when some of the decedent’s (Will-makers) children die before the decedent there can be some confusion about how the property will be divided.
So, if the decedent had three children and two of them die, and the two who died left behind their own children, their children will get the share that they parent would have received. For example, if the deceased child had 3 children, the children will each get one-third of the estate of their parents share. If the other deceased child had two children of their own, then each surviving child will get one-half of their parent’s share.
Difference Between Per Stirpes And Per Capita
Some people wrongly pronounce per stirpes and per stripes, but more people do not know that per stirpes and per capita are different things. If according to your Will your property will be distributed to your descendants “per capita”, it means that your assets will be distributed equally to all your heirs.
For example, If you leave your estate to your descendants per capita and you only have two children but no grandchildren, each child will get a 1/2 of your estate. However, if one of your children is a parent to 3 children then your descendants (your children and grandchildren) will each receive 1/5 of your estate.
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When There Is No Will
Your property passes to your heirs according to your state’s laws if you die without a Will. That property will pass to your closest living relatives. If you had no close relatives, then distant relatives may inherit your property. In Texas, the share each of your children will receive depends on the number of children you have.
Only your legal children can inherit your property. The following can inherit your property:
- Children that you adopted: Adopted children receive intestate share just like your biological children.
- Children born after you die: These are your biological children, and will receive a share.
- Children you placed for adoption: They are entitled to intestate share despite the fact they were adopted by another family
- Children you had outside marriage: As long as there is proof that you are their father, they will inherit a share of your property.
Dying without a Will can lead to bitter legal battles between your children, especially, if you left behind significant wealth.