Is There Per Stirpes Distribution in New Hampshire When Will Maker Dies Before the Heir?
Full Question:
Answer:
Under per stirpes distribution, when the beneficiary dies before the person whose estate is being divided, children of the beneficiary take among them the share which their parent would have taken had he survived the decedent. The children stand in a representative capacity to their parents. When the testator (will maker) doesn't specify how a bequest made to a deceased heir is to be made, NH statutes provide for per stirpes distribution, so that the heir's share go to his/her heirs.
Please see the following NH statute:
551:12 Heirs of Legatee.
The heirs in the descending line of a legatee or devisee, deceased
before the testator, shall take the estate bequeathed or devised, in the
same manner the legatee or devisee would have taken it if he had
survived.
