Per Stirpes v Per Capita
Confused when your estate planner asks if you want the distribution to be per stirpes or per capita? You are not alone. Most people, including some attorneys, do not know the difference between a per stirpes distribution pattern and a per capita distribution pattern. The very best way to explain it is with an example.
Assume Parent 1 has Child A and Child Z. Child A has two children b and c and Child Z has one child y. Under either a per capita or per stirpes distrubtion, when Parent 1 dies, Child A and Child Z each get ½ of the property. Also under each system, if Child A predeceases Parent 1, upon Parent 1’s death, Child Z will still get ½ and children b and c will each get ¼ (sharing in Child A’s ½ share).
The difference between the two distribution patterns is shown if Child A and Child Z both predecease Parent 1. In a per stirpes distribution pattern, children b and c will each get ¼ (sharing in Child A’s ½ share) and child y would get ½ (Child Z’s share). In a per capita distribution pattern, children b, c and y each would get a 1/3 share.
If you would like to discuss the differences further, please contact our estate planning attorney at Wood, Atter & Wolf, P.A. located in Jacksonville and Ponte Vedra Beach, Florida.
