Can some children be Per Stirpes and others not

Get Legal Help Today

 Secured with SHA-256 Encryption

Can some children be Per Stirpes and others not

As a Grandfather with six living children, I would like my estate divided equally between my children, but to only four of them per stirpes. One of my children was married with children and divorced, another had children out of wedlock. I do not want these grandchildren to receive anything should their parent my child predecease me. How is that clearly documented in a will?

Asked on August 5, 2016 under Estate Planning, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It's easily done: the will will just state "I leave my estate"--or whatever asset or portion of the estate you are leaving to the children--"per stirpes. Should my children John Doe and Jane Doe predecease me, however, their shares will be divided among my other children per stirpes and shall not go to their own children or heirs." As long as what you are doing is clear in the will, you can set up the will however you like, with any limitations on inheritance.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption