Right of Representation (a/k/a Per Stirpes): What Does it MEAN?

“Right of Representation” also known as “per stirpes.”  You may have seen one or more of these phrases in a movie or TV show or maybe even your own Will or Trust document.  But what does it mean? 

Right of Representation, or per stirpes, means that whatever is being divided goes equally to those persons named (i.e. “children” or “descendants”).  If one of those persons is deceased, then his or her share of the estate is equally divided among his or her children.

The following flow chart illustrates an estate divided by “right of representation.”  Shown below is a scenario about Deceased Person (DP). DP has passed away.  DP had three children, but Child 1 passed away before DP.  Child 1 has two children, Grandchild 1.1 and Grandchild 1.2.  Unfortunately, Grandchild 1.1 has also predeceased DP, leaving Great Grandchild 1.1.1 and Great Grandchild 1.1.2.

DP’s will states that his whole estate is to be divided among his descendants, per stirpes.  So, as illustrated below, Great Grandchild 1.1.1 ends up with 1/12 of DP’s estate.  Notice that while Child 1’s children get a share of DP’s estate but Child 3’s child does not.  That is because Child 3 is still alive, so in theory, when Child 3 dies, Grandchild 3.1 will inherit from his parent.  Had Child 1 survived DP, Child 1’s children and grandchildren would not have gotten any of the DP’s estate at DP’s death.

And Who Exactly is That?: Defining Heirs-at-Law

“The patient is not likely to recover who makes the doctor his heir.”

--Thomas Fuller

          In the event that a person dies without a will, the state will need to determine who are the deceased person’s “heirs-at-law.” This is also true in the event that all the devisees in a Will predecease the decedent.

            In Minnesota, a person’s heirs-at-law and determined by statute.  Below is an illustration of a table used to determine heirs-at-law.  Imagine a scenario where a person dies without a spouse, without children, and with no living parents or siblings.  Who would inherit the deceased person’s assets?  Looking at the table, the next set of individuals to inherit would be any living nieces or nephews.  If there were no living nieces or nephews, then grand nieces or nephews would inherit.  If there were no grandnieces or nephews, then we move onto the next column and work our way down.

Funeral Planning 101

Funeral planning can be a great way to communicate your wishes to your family.   Knowing your wishes can help alleviate some stress for your family at your death.  Many an argument has been started over what mom or dad/grandma or grandpa wanted for his or her funeral.  Writing down your wishes can go along way in keeping the peace.

There are several ways that you can communicate your wishes.  We even have a Funeral PlanningWorksheet on the HDBOB website that you can use to convey your wishes.  Funeral directions are not typically something that attorneys prepare for you.  

Your Will is NOT one of these ways.  Wills are not typically reviewed until after the funeral, so funeral directions included in a Will are unlikely to be followed.  Additionally, any written documentation of your funeral plans/wishes should not be kept in your Safe Deposit Box.  Your family and/or friends may not be able to access the box on weekends or holidays.

Some places, such as the Minnesota Cremation Society and the Neptune Society, have pre-paid funeral options.*  This can also be a great way to alleviate your survivor’s stress and have your funeral wishes fulfilled.  However, there are some issues to be aware of when purchasing a pre-paid funeral arrangement, such as the funeral home going out of business before your death, or the cost of funeral arrangements fluctuating between your arrangements being made and your death.  If you do decide to pre-pay for a funeral, make sure that your family is aware of your plans and knows the funeral home with which arrangements were made.  A pre-planned, pre-paid funeral does your survivors no good if they do not know about it.

*HDBOB and this blog are not in anyway endorsing the Minnesota Cremation Society or the Neptune Society.  These are two options in a multitude.  It is always best for each individual to decide what works best for them and their funeral desires/needs.

How do you Donate your Whole Body to Science?

I occasionally get questions about various types of charitable donations.  The monetary charitable donations can easily be written into Wills or prepared in advance for the benefit of the organization.   But there are other things to give to charity besides money, which are not necessarily easily put into your will (with good reason).  One of those things is your body!     Besides organ donation, one can donate one’s full body to a medical program. 

There are two main full body donation programs in Minnesota.  The University of Minnesota has its Anatomy Bequest Program via its medical school.  Mayo Clinic’s Department of Anatomy in Rochester, Minnesota, also has an Anatomical Bequest program. 

The Process

The process in simple while you are alive, since nothing truly goes into affect until you die. Both institutions have forms online that you can fill out to start the gifting process.  (Those forms can be found here and here.)  It is important to let your desire to donate your body be known to the people who will be taking care of things after you die.  After that, nothing happens until you die.

Under Minnesota Law, a donor must be an adult, an emancipated minor, the agent of a donor (unless restricted under the donor’s health care directive or other record), or the parent or guardian of a donor.  The desire to donate can be indicated simply by filing out a form with one of the two organizations.  The desire to make anatomical gifts can also be indicated on one’s driver’s license or in one’s will (although if the will is not read until after the funeral, it may inhibit the gift).  If the donor is terminally ill or injured, any form of communication from the donor indicating a desire to make an anatomical gift must be witnessed by two adults, one of which is a disinterested party.


If you change your mind about wanting to make a donation, you will need to put that in writing and have it signed and witnessed by two adults.

What do they do with your body?

Once you die, you will be transported to the donation facility.  If you die in the state of Minnesota, the costs of transportation may be completely covered by the donation program.  If you die outside of the state of Minnesota, your estate or next of kin may need to pay to get your body transported to the program.  This can be facilitated by a funeral home.

After your body arrives at the program, it is prepared (possibly embalmed) and stored for use by students or other medical professionals.  Cadavers are often used in medical school anatomy classes, teaching surgical techniques, and research.  How long a body is used depends up on the program but can range from a few months to a year and a half or more.

What happens to my body when class is over?

Depending on the program, the remains are turned over to the family of the donor, either as a whole or in a cremated (or biocremated) state.  If there is no family or if the donor wishes, the programs do have final resting places for their donors.  Also, there is typically an annual memorial service for program donors.

Welcome to the Minnesota Estate Planning and Probate Blog!

This blog is brand new and still under construction, so please check back for information about Estate Planning and Probate in the fine state of Minnesota.

If you have any questions, please contact Sarah J. Leonard at sleonard@hdbob.com or visit  http://www.hdbob.com/attorney/sarah-j-leonard for more contact information.