In the classic per stirpes method of distribution, how are shares created?

In the classic per stirpes method of distribution, the principle is that the estate is divided into branches based on the lineage of the decedent. This method creates a share for each surviving child of the decedent, and for any deceased children, a share is allocated to their descendants.

For instance, if there are three children and one of them has passed away but has children (the decedent's grandchildren), the deceased child's share would be divided among those grandchildren. Therefore, the surviving children each receive one share, and the deceased child’s share is effectively passed down to their descendants. This structure ensures that the distribution maintains a connection to the family lineage and that each branch of the family receives a portion of the estate.

This method is particularly effective because it clearly addresses the scenario of deceased descendants while ensuring that their descendants benefit from their parent's share. As a result, distribution under the classic per stirpes approach emphasizes familial lines and ensures equal representation among descendants.