i am getting really confused as to how the systems of representation [per stirpes, modified per stirpes, etc] mesh with intestacy statutes like UPC 2-103
so for example, under 2-103, if there is no surviving spouse, no surviving descendants, and no surviving parent, next in line are descendants of the parents by representation. So for example, under a strict per stirpes system where you allocate primary shares at the generation closest to the decedent, does this mean you divide primary shares amongst the sibling class?
A&B marry and have kids: 1,2,3,4---Decedent is 3. A, B and 4 predecease and 3 is not married and has no descendants. 4 has surviving descendants.
Would this work in the following way:
3 primary shares [1,2, and predeceased 4 since she has surviving descendants]---so 1 gets 1/3, 2 gets 1/3 and then the decsendants of 4 split 1/3
(Study Tips, Dealing With Stress, Maintaining a Social Life, Financial Aid, Internships, Bar Exam, Careers in Law . . . )
1 post • Page 1 of 1
Who is online
Users browsing this forum: No registered users and 3 guests