What does the term "per stirpes" refer to in the context of beneficiary distribution?

Study for the New Jersey Title Insurance Producer Exam. Study with flashcards and multiple-choice questions, each question has hints and explanations. Get ready for your exam!

The term "per stirpes" is a legal concept used in estate planning that means distribution of an estate or a trust in accordance with bloodlines or family lines. It specifically dictates that if a beneficiary dies before the testator (the person who made the will), that beneficiary's share of the inheritance will be divided equally among that beneficiary’s own descendants, rather than being distributed equally among the surviving beneficiaries. This ensures that heirs inherit based on their familial relationship to the deceased, which preserves the lineage and provides for descendants of predeceased beneficiaries.

This method contrasts with "per capita," where each surviving beneficiary would receive an equal share without regard to family lines or generational distribution. Understanding "per stirpes" is crucial for anyone dealing with estate planning, as it defines how assets are passed down in a family structure, ensuring fair treatment among different branches of a family tree.

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