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Classic PER STIRPES (all children deceased). Divide at the first level below the deceased. Child 1’s 1/3 goes: 1/6 to GC1’s 2 kids, and 1/6 to GC2’s one child. Child 2’s 1/3 goes to her child. Child 3’s 1/3 is divided in thirds, and then those 1/9ths are redivided.
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Classic PER STIRPES(all children deceased) Divide at the first level below the deceased Child 1’s 1/3 goes: 1/6 to GC1’s 2 kids, and 1/6 to GC2’s one child. Child 2’s 1/3 goes to her child. Child 3’s 1/3 is divided in thirds, and then those 1/9ths are redivided. Trusts & Estates - Law 452 - U of C
Per Capita with Representation(all children deceased) Divide at the first level with a living member. Every living member, and every deceased member with a descendant, gets 1/6. Division at the first level with a living descendant. Distribution is per stirpes after the first division. Trusts & Estates - Law 452 - U of C
1990 UPC - Per Capita at Each Generation(all children deceased) Divide into primary shares at the first generation with living members. Allocate 1 share to each living member, and to each deceased member with descendants. The living members (GCh 3) get their shares, and the remaining shares (5/6) are combined and redistributed, as if GCh 3’s line had died out.. Trusts & Estates - Law 452 - U of C
Per Stirpes(one child living) Divide at the first level below the decedent Per Capita with Representation would be the same, if a child is living. Trusts & Estates - Law 452 - U of C
Pre 1990 UPC(one child living) Divide at the first generation with a living member Don’t divide for C3’s children, since they are all dead. Divide at the GGC level Divide at the first level with a living member. Divide for descendants of a deceased member only at the 1st generation with living members C3’s 1/3 is divided equally among her 5 GGChildren. Trusts & Estates - Law 452 - U of C
1990 UPC(one child living) Divide at the first generation with a living member -- 2/3 is left. The 2/3 for C1 and C3 are allocated in 5 shares, for GC 1,2,4,5,6. The 3 shares of GC 4-6 3/5 of 2/3 = 6/15. That is divided among the 5 GGChildren. (6/15)/5 = 6/75 = 2/25 Divide at the first level with a living member. Combine shares of deceased members and reallocate at next generation. Trusts & Estates - Law 452 - U of C