In which situation is the per stirpes method typically applied?

The per stirpes method is used in the distribution of an intestate estate, which refers to situations where someone dies without a valid will. This method ensures that the estate is distributed according to the lineage of the deceased.

Under per stirpes, each branch of the family receives an equal share of the estate. For example, if a deceased individual has two children, and one of those children predeceases the individual, the deceased child's share of the estate would be divided equally among that child’s descendants, preserving the inheritance line. This principle upholds the familial structure and ensures that heirs receive their rightful portions based on their relationship to the deceased.

Options involving joint ownership transfers, divorce settlements, or claims against an estate do not typically involve the per stirpes method. Joint ownership transfers generally concern the direct transfer of property rights to surviving owners, divorce settlements involve the division of marital assets governed by separate legal principles, and claims against an estate pertain to financial obligations which are addressed through probate and estate management rather than familial share distributions. Thus, the per stirpes method specifically applies in the context of distributing an intestate estate.