How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LondonlawyerJ Your Own Question
LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
76316425
Type Your Law Question Here...
LondonlawyerJ is online now

A cousin has died intestate, and his next of kin are 5 first

Resolved Question:

A cousin has died intestate, and his next of kin are 5 first cousins (3 on one side and 2 on the other). Is it the case that his estate has to be divided per stirpes rather than per capita?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Hello I am a solicitor with 20 years experience I will try to answer this for you.
Under the intestacy rules the parents of the cousins would get an equal amount and if they are deceased their children get the parents share, ie pre stirpes.
Customer: replied 2 years ago.

The answer is simply a definition of "per stirpes".

The question was whether it has to be this way.

(for example one side may have had no contact for years

with the cousin who has died).

Expert:  LondonlawyerJ replied 2 years ago.
The answer is that it has to be per stirpes. Contact or lack thereof is irrelevant.
LondonlawyerJ and other Law Specialists are ready to help you