[WSBAPT] Class of contingent beneficiaries

Joshua McKarcher josh at mckarcherlaw.com
Fri Sep 1 14:20:00 PDT 2023


Oh gosh Heather, are you trying to FORCE me to open that brief up from so many years ago? 😜  . . .

Joshua D. McKarcher
McKarcher Law PLLC
537 6th Street
Clarkston, WA 99403
(509) 758-3345
(509) 758-3314 (fax)
josh at mckarcherlaw.com
www.mckarcherlaw.com<http://www.mckarcherlaw.com>
________________________________
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> on behalf of Heather de Vrieze <heatherd at westseattlelaw.com>
Sent: Friday, September 1, 2023 2:03:26 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: Re: [WSBAPT] Class of contingent beneficiaries

I can't see your chart, but I think they are the same. Black's Law Dictionary agrees with this. https://thelawdictionary.org/per-stirpes/

PER STIRPES Definition & Legal Meaning
Definition & Citations:
Lat. By roots or stocks; by representation. This term, derived from the civil law, is much used in the law of descents and distribution, and denotes that method of dividing an intestate estate where a class or group of distributees take the share which their stock (a deceased ancestor) would have been entitled to, taking thus by their right of representing such ancestor, and not as so many individuals; while other heirs, who stand in equal degree with such ancestor to the decedent, take each a share equal to his. See Rotmanskey v. Heiss, 86 Md. 633, 39 Atl. 415.

Heather

Heather S. de Vrieze
Attorney-at-Law
de Vrieze | Carney PLLC
3909 California Avenue SW
Seattle, WA 98116-3705
(206)938-5500
heatherd at westseattlelaw.com
www.westseattlelaw.com<http://www.westseattlelaw.com>

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-----Original Message-----
From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of Susan Donahue
Sent: Friday, September 1, 2023 1:35 PM
To: wsbapt at lists.wsbarppt.com
Subject: Re: [WSBAPT] Class of contingent beneficiaries


I appreciate this discussion. I made this chart to explain the three kinds of beneficiaries. Maybe too simple. But I’m my chart (mind) per stirpes and by representation are two distinct distribution schemes. Am I wrong in this chart?



Susan Donahue



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