Can some children be Per Stirpes and others not
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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 7 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.
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