Which distribution method divides an estate equally among the first generation with one surviving member?

Which distribution method divides an estate equally among the first generation with one surviving member?

• A. Per stirpes
• B. Per capita with representation
• C. Per capita
• D. Pro rata

Answer: (B)

Per capita with representation works by focusing on the first generation that has living heirs and dividing the estate equally among those living. If a member of that generation is dead but left descendants, that dead member’s share is represented by those descendants. So when there is only one surviving member in that closest generation, that person ends up with the whole estate. This method preserves fairness across branches while centering the division on the generation closest to the decedent who still has living heirs. Compared to other methods, per stirpes would emphasize branches and could distribute through descendants of deceased siblings in a way that isn’t tied to a single surviving member in that generation. Per capita (without representation) divides only among the living in the closest generation without accounting for representation of those who predeceased in that same generation. Pro rata distributes based on class sizes and isn’t the method chosen for this scenario.

Per capita with representation works by focusing on the first generation that has living heirs and dividing the estate equally among those living. If a member of that generation is dead but left descendants, that dead member’s share is represented by those descendants. So when there is only one surviving member in that closest generation, that person ends up with the whole estate. This method preserves fairness across branches while centering the division on the generation closest to the decedent who still has living heirs.

Compared to other methods, per stirpes would emphasize branches and could distribute through descendants of deceased siblings in a way that isn’t tied to a single surviving member in that generation. Per capita (without representation) divides only among the living in the closest generation without accounting for representation of those who predeceased in that same generation. Pro rata distributes based on class sizes and isn’t the method chosen for this scenario.