53-2-1 - Rules of inheritance when decedent dies - Justia Law Florida Statute 731.201. Can You Open a Safety Deposit Box Without Probate in Florida? . Performance & security by Cloudflare. What Does 'Per Stirpes' Mean In Florida Last Will And Testaments? When is a homestead waiver not a homestead waiver? If you're reviewing the Will of your parent and it mentions "per stirpes," it means the share for any deceased close relatives will go to their descendants, if any. Per stirpes is a common legal term used to distribute your estate and is defined by statute so theres no confusion on how to distribute your estate amongst the heirs. Florida Statute 732.103 and Florida Statute 732.104. F.S. The literal English translation of per stirpes is by the branch. It basically means that when property is distributed to multiple descendants, each descendant represents a separate branch of the entire inheritance. Talk to a St. Petersburg Estate Planning Attorney. F.S. Instead, they are distributed to certain descendants of the predeceased beneficiary (not the testator). Per stirpes may have a different meaning for you depending on if youre having a Will prepared or if youre an heir of an estate. 736.0110 extends the rights of a qualified beneficiary to any charitable organization expressly designated to receive distributions from a charitable trust if the organization would otherwise meet the definition of a qualified beneficiary. The battle over a Will can be more like a battle of wills. Log in, Florida Probate and Estate Administration, Florida Probate | Summary Administration in Florida, Florida Intestacy and Intestate Succession Law, Florida Probate | Formal Administration in Florida. Trusts and estates litigation, probate administration and estate planning is all I do as a lawyer. The action you just performed triggered the security solution. The information on this website is for general information purposes only. FLORIDA - October 21, 2020 A Florida estate planning attorney can help with the completion of estate planning documents in Fort Pierce Florida. Ive been practicing law for over 25 years. Hypothetical #1:When Aunt Minerva died, she had no husband or children, but did have a valid Will, which was probated. When a person dies without a Will, Title XLII (Estates and Trusts), 732.101 - 732.111 (Part I: Intestacy) of the Florida Statutes kick in. In Latin, per stirpes literally means, by the branch.. Therefore, the charities are qualified beneficiaries under the plain language of the statute. Statutes updated from Official Statutes on: January 26, 2022 F.S. Per stirpes distribution uses a generational approach. 2007-74. When a Testators beneficiary dies, the assets that belong to the deceased beneficiary will be evenly split between their own descendants. When reading any of these statutes, there will be one less phrase that will cause you consternation. Descent shall be per stirpes, whether to descendants or to collateral heirs. At Legacy Protection Lawyers, LLP, our skilled lawyers in St. Petersburg can help you with your estate planning needs to make sure that your Will and other documents reflect your wishes. Suite 1050 Per Stirpes. Consult with an attorney to determine if you need to include the Latin phrase in your estate plan.
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