Often in wills or trusts, an individual will designate the shares given to individuals as “per capita” or “per stirpes.” What is the difference? Per capita means “per individual.” This means that if someone says, “I give to my children equal shares, per capita, my estate,” all individuals living at the time will take an equal share.
If someone devises property in equal shares to their children “per stirpes,” then all children, dead or alive, take a share in the estate. The beneficiaries of the estate of the individual who has already passed divide that portion equally among themselves.
For more information please contact the wills & trusts Law Offices of Yanez & Associates at 714-971-8000. Call today for a free 60-minute consultation.