Legal Definition
If a statute calls for property to be distributed or taken in the manner provided in this section, the property shall be divided into as many equal shares as there are living members of the nearest generation of issue then living and deceased members of that generation who leave issue then living, each living member of the nearest generation of issue then living receiving one share and the share of each deceased member of that generation who leaves issue then living being divided in the same manner among his or her then living issue.
Basic Definition
Section 240: This section provides guidelines for distributing property to descendants per stirpes, dividing the estate into equal shares for the nearest generation of issue and further subdividing shares among their descendants if any members of that generation are deceased.
In-Depth Overview and Use Cases
Section 240 defines how estates are distributed under California law when descendants inherit “by representation.” It ensures fair distribution of assets among surviving family members, reflecting the decedent’s intent or intestacy laws. Use Cases: Probate attorneys frequently use this section in cases where a will or trust is silent on distribution specifics, or when intestate succession laws apply. For example, if a decedent’s child predeceased them, leaving grandchildren, the grandchildren collectively inherit their parent’s share under this code. This section is also critical in clarifying rights when multiple generations are involved.
Application & Relevance
Attorneys use Section 240 to guide the equitable distribution of assets, particularly in intestate cases or unclear wills. Its per stirpes framework helps resolve disputes among descendants and provides a legal standard for allocating shares among generations.
Legal Scenario
Estate & Probate Administration
Probate Code Impact
Section 240 is crucial in estate administration when property is distributed among heirs per stirpes, meaning the estate is divided equally among descendants, including those of deceased heirs. This provides clear guidance for probate administrators in ensuring fair and lawful distribution of assets.
Legal Scenario
Inheritance Disputes & Theft
Probate Code Impact
Section 240 helps resolve inheritance disputes when heirs are in conflict about the distribution of assets. If an heir has passed, the deceased’s share is divided among the descendants of that heir, preventing theft or unfair distribution of the estate.
