The Estate Planning Guide - Part 2

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Per Capita or Per Stirpes? Presented by:

Geoff Thompson Synergistic Life and Estate Prepared for:

What Is the Difference Between a Per Capita and a Per Stirpes Distribution?

In making a will, the testator (person making the will) should indicate whether a per capita or per stirpes distribution of the residuary estate is desired.

Per Capita Distribution

All persons of equal relationship to the deceased, such as all grandchildren, receive equal shares of the residuary estate.

Per Stirpes Distribution

A group of estate beneficiaries, such as grandchildren, are entitled to an equal distribution of the share of the residuary estate that their deceased parent would have received.

ForExampl e‌ Mrs. A, a widow with three children (X, Y and Z) dies and leaves a $600,000 residuary estate. Two of Mrs. A's children, Y and Z, predeceased her, but had a total of four children of their own (GC #1, GC #2, GC #3 and GC #4). Depending on whether Mrs. A elected a per capita or per stirpes distribution of her residuary estate, who gets what?

VSA 2C1.11 ed. 09-12 Page 1 of 1

Who Gets What?

X Is Living

Y Is Deceased; One Child (GC #1)

Z Is Deceased; Three Children (GC #2, #3 and #4)

Per Capita Distribution

Share: 1/3 Amount: $200,000

Share: 1/6 Amount: GC#1 $100,000

Share: 1/6 each Amounts: GC#2 $100,000 GC#3 $100,000 GC#4 $100,000

Per Stirpes Distribution

Share: 1/3 Amount: $200,000

Share: 1/3 Amount: GC#1 $200,000

Share: 1/9 each Amounts: GC#2 $66,667 GC#3 $66,667 GC#4 $66,667

ďƒ“ VSA, LP The information, general principles and conclusions presented in this report are subject to local, state and federal laws and regulations, court cases and any revisions of same. While every care has been taken in the preparation of this report, VSA, L.P. is not engaged in providing legal, accounting, financial or other professional services. This report should not be used as a substitute for the professional advice of an attorney, accountant, or other qualified professional.


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