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Per stirpes (/ pɜːr ˈstɜːrpiːz /; "by roots" or "by stock") [1] is a legal term from Latin, used in the law of inheritance and estates. An estate of a decedent is distributed per stirpes if each branch of the family is to receive an equal share of an estate. When an heir in the first generation of a branch predeceased the decedent, the ...
New York has perhaps the most complicated law of descent of distribution. [12] [13] Maryland's intestacy laws specify not only the distribution, but also the order of the distribution among family members. [14] Florida's intestacy statute permits the heirs of a deceased spouse of the decedent to inherit, if the decedent has no other heirs.
v. t. e. The Uniform Probate Code (commonly abbreviated UPC) is a uniform act drafted by National Conference of Commissioners on Uniform State Laws (NCCUSL) governing inheritance and the decedents' estates in the United States. The primary purposes of the act were to streamline the probate process and to standardize and modernize the various ...
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The Uniform Simultaneous Death Act is a uniform act enacted in some U.S. states to alleviate the problem of simultaneous death in determining inheritance.. The Act specifies that, if two or more people die within 120 hours of one another, and no will or other document provides for this situation explicitly, each is considered to have predeceased the others.
A per quod statement is typically used to show that specific acts had consequences which form the basis for the legal action. per se: by itself Something that is, as a matter of law. per stirpes: by branch An estate of a decedent is distributed per stirpes, if each branch of the family is to receive an equal share of an estate. periculum in mora
v. t. e. A will and testament is a legal document that expresses a person's (testator) wishes as to how their property (estate) is to be distributed after their death and as to which person (executor) is to manage the property until its final distribution. For the distribution (devolution) of property not determined by a will, see inheritance ...
McArthur v. Scott, 113 U.S. 340 (1885), regarded a suit brought to contest a will which directed land to be conveyed to or divided among remaindermen at the expiration of a particular estate, are to be presumed, unless clearly controlled by other provisions, to relate to the beginning of enjoyment by remaindermen, and not to the vesting of the title in them.