per stirpes

Definition

A method of property distribution in estate planning where a deceased heir's share passes to their descendants rather than being redistributed. Latin for 'please don't fight over my stuff when I'm dead.'

Example Usage

The will specified per stirpes distribution, so when his daughter predeceased him, her share went to his grandchildren instead of his other children.

Origin

From Latin meaning 'by branch' or 'by roots,' Roman law concept adopted into Anglo-American estate law

Fun Fact

The alternative 'per capita' distribution ignores family branches and divides equally among all living descendants at the same generational level, often surprising heirs who expected more.

Source: Estate planning and probate law standards

Related Terms

Beginner

notice

The formal heads-up you're legally required to give before doing something that affects someone else, like ending a lease, quitting a job, or evicting a tenant. It's usually 30, 60, or 90 days, giving just enough time for panic and apartment hunting. Without proper notice, your plans become legally questionable at best.

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Intermediate

comp killer

A severely underpriced or distressed sale in a neighborhood that drags down the comparable sales data for everyone else's properties. It's the one house that ruins the curve for the entire class.

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Advanced

prescription

A legal doctrine where you can actually gain ownership of property by possessing it openly and continuously for a statutory period, essentially rewarding squatting with a deed. Also known as adverse possession, this concept turns 'finders keepers' into actual law, provided you're bold enough to act like you own something for long enough. It's the legal system's way of saying 'use it or lose it' to absentee property owners.

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walking the comps

The noble art of physically visiting comparable properties to verify that online photos haven't been taken with a fisheye lens from the ceiling. It's due diligence for agents who don't trust Zillow's measurements or the laws of physics.

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Beginner

Lot Size

The amount of land your property sits on, which matters a lot until you realize most of it is a setback you can't build on anyway. It's the real estate equivalent of buying a large popcorn that's mostly air.

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Advanced

lis pendens

A public notice that legal action affecting a property's title has been filed, essentially a warning sign that there's drama ahead. Latin for 'suit pending' and headaches imminent.

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