For a will stating “my estate to my issue, per stirpes,” which distribution is appropriate when S1 is a son, A and B are grandchildren by a deceased daughter, and C is a grandchild by a deceased son?

For a will stating “my estate to my issue, per stirpes,” which distribution is appropriate when S1 is a son, A and B are grandchildren by a deceased daughter, and C is a grandchild by a deceased son?

• A. S1, A, B, and C all share equally.
• B. S1 and C receive the same amount, A and B receive less.
• C. S1 receives nothing, A, B, and C all share equally.
• D. S1 receives more than A, B, or C.

Answer: (B)

Under per stirpes, the estate is divided by branches of descent, and any share for a deceased branch goes to that branch’s descendants. Here, the decedent has three branches: a surviving son (S1), the branch through a deceased daughter (A and B), and the branch through a deceased son (C). This splits the estate into three equal shares. S1 gets one share. The daughter’s branch receives one share to be divided among A and B, so each gets half of that share, i.e., 1/6 of the estate. The son’s branch receives one share entirely going to C, since he is the only grandchild in that branch. So S1 and C each receive 1/3 of the estate, while A and B each receive 1/6. That matches the idea that S1 and C receive the same amount, and A and B receive less.

Under per stirpes, the estate is divided by branches of descent, and any share for a deceased branch goes to that branch’s descendants. Here, the decedent has three branches: a surviving son (S1), the branch through a deceased daughter (A and B), and the branch through a deceased son (C).

This splits the estate into three equal shares. S1 gets one share. The daughter’s branch receives one share to be divided among A and B, so each gets half of that share, i.e., 1/6 of the estate. The son’s branch receives one share entirely going to C, since he is the only grandchild in that branch. So S1 and C each receive 1/3 of the estate, while A and B each receive 1/6.

That matches the idea that S1 and C receive the same amount, and A and B receive less.