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Per Capita vs. Per Stirpes Bequests: What’s the Difference?

October 28, 2021 //  by Jeffrey A. Nirenstein, Estate Planning Attorney

per stirpes per capitaThere are some Latin terms used in the legal field to describe certain processes, and you will see them in wills and trusts. In this post, we will look at the terms per capita and per stirpes as they apply to beneficiary succession.

Death of a Beneficiary

If a person that you have named as a beneficiary in your estate plan predeceases you, an update will be necessary. However, when you originally draw up the document, you can address this contingency.

To explain by way of example, let’s say that you are leaving inheritances per capita to Paul, Sarah, and Joseph, your three children. If Paul passes away before you do, Sarah and Joseph would be the heirs to the estate, and they would assume ownership of Paul’s share.

For the purposes of this example, we will say Paul has one child. If you leave the bequests per stirpes, Paul’s child would inherit the share that was left to him, and the two surviving children would receive their shares.

Living Trust Versatility

You should seriously consider the utilization of a seminar page, and when you identify the one that works for you, follow the instructions to register so we can reserve your seat.

Need Help Now?

If you have already learned enough to know that it is time for you to work with a Glastonbury, CT estate planning lawyer to put a plan in place, our doors are open. You can send us a message to set up a consultation appointment, and we can be reached by phone at 860-548-1000.

 

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Jeffrey A. Nirenstein, Estate Planning Attorney
Jeffrey A. Nirenstein, Estate Planning Attorney
Estate Planning Attorney at Nirenstein, Horowitz & Associates, P.C.
Jeffrey A. Nirenstein is a founding partner and vice president of the law firm of Nirenstein, Horowitz & Associates, P.C. He received his bachelor of arts degree in government from Clark University and his law degree from New York Law School.

Mr. Nirenstein is licensed to practice before the courts of the State of Connecticut and the United States District Court. He is a member of the Connecticut and Hartford County Bar Associations, and the Estate and Probate, Elder Law, Business Law and Real Estate Sections of the Connecticut Bar Association.
Jeffrey A. Nirenstein, Estate Planning Attorney
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