In modern per stirpes distribution, how are shares divided?

In modern per stirpes distribution, shares are divided at the level where living descendants are available. This method recognizes the inherent equity of distributing an estate among branches of a family, ensuring that each branch receives an equal share based on the number of surviving descendants.

When a person passes away, their estate is divided based on the representation of their descendants. If a child of the deceased has died but leaves behind their own children (the deceased's grandchildren), the share that would have gone to the deceased child is redistributed among the living grandchildren. This means that if there are living descendants at a particular generational level, they will receive their respective shares from the decedent’s estate, preserving the distribution across the family lineage in a fair manner.

In comparison, other choices do not accurately capture the essence of modern per stirpes. The first option suggests division at the level of the first deceased ancestor, which can misinterpret how descendants inherit rights when there are living branches. The third option implies equality among all descendants without regard to living status, which overlooks the basic tenet of representation inherent in the per stirpes method. Lastly, the choice about determining the oldest living descendant does not reflect how shares are allocated in per stirpes, which is fundamentally about generational representation