Descent and Distribution

Representation is the principle of law by which the children, or their descendants, of an heir to an estate, who dies without leaving a will, have a collective interest in the intestate's share of the property. Taking by representation means taking per stirpes. For example, Robert, who only has two daughters, Ellen and Pam, dies intestate, leaving an estate of $200,000 after the payment of debts and charges. Under a typical statute, Robert's daughters are his distributees, each receiving $100,000. However, Ellen predeceases her father and leaves two sons, David and George. Since Ellen is not alive to take her share, there would be a per stirpes division of Robert's estate, which means that Ellen's share of $100,000 would be divided equally between David and George, and each would receive $50,000. Pam's $100,000 share of her father's estate remains unaffected. Since they are brothers, the degree of blood relationship between David and George is equal; therefore, they take per capita, or equal, parts of Ellen's share. However, they have taken per stirpes shares of Robert's estate. Assume that George also died before his grandfather and left two daughters, Ruth and Janet, but his brother David was still alive. David would take $50,000, but Ruth and Janet would have $25,000 apiece. Pam, who is still alive, would still be entitled to $100,000, her share of Robert's estate. The degrees of consanguinity among David and Ruth and Janet are unequal, since David is Robert's grandchild, while Ruth and Janet are his great-grandchildren. David and Ruth and Janet share Ellen's portion of Robert's estate per stirpes. David takes 50 percent, or $50,000, whereas Ruth and Janet each take 25 percent, or $25,000, because of the unequal degrees of blood relationship to Ellen. David is one generation removed from Ellen, while Ruth and Janet are two generations removed from her.