Lineals take per capita and per stirpes, when
When someone dies without a will, their property gets split among relatives. If all the relatives are the same distance from the deceased (like all grandchildren), each person gets an equal share. But if some of those relatives have already died and left their own kids behind, those kids split only what their parent would have gotten — not an equal share with everyone else.
474.020. Lineals take and , when. — When several , all of equal degree of to the , or his father, mother, brothers and sisters, or his grandfathers, grandmothers, uncles and aunts, or any ancestor living and their children, come into , they shall take per capita, that is, by persons; where a part of them are dead, and part living, and the of those dead have a right to partition, such issue shall take per stirpes; that is, the share of the deceased parent.
(RSMo 1939 § 310, A.L. 1955 p. 385 § 237)
Prior revisions: 1929 § 310; 1919 § 307; 1909 § 336
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Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.