Legal Question in Wills and Trusts in Georgia
Per capita beneficiaries
My parents both died in the last year or so and I have been notified that my was a beneficiary of a relative who has passed away since he did. My siblings were all notified and sent copies of the will with letters to sign. The will states that he (and the other beneficiaries) is/are left the rest, residue and remainder of the estate ''per capita''. What does the per capita mean? As my mother was his beneficiary and we were hers, do we receive his share? If not, why were we notified at all, much less with letters to sign and have notarized and a copy of the will to review ourselves? All of these people lived and died in Georgia. Thanks for your help.
2 Answers from Attorneys
Re: Per capita beneficiaries
Per capita (as opposed to per stirpes) means that if the named beneficiary pre-deceased the testator, the beneficiary's lineal descendants each take a share equal to that of the other beneficiaries.
Assuming that the beneficiary you are talking about was your father (you skipped a word), you and your sibblings should receive a share equal to that of the other persons in the class in which your father was named, unless Georgia law has a statute defining "per capita" differently than we do in Florida.
Re: Per capita beneficiaries
Read Q12 at
12. Question: What is the difference between a �per stirpes� and a �per capita� distribution?
Answer: The term �per stirpes� is Latin for by the roots. The term �per capita� is used as commonly used today in English to mean one per person. If Child A has died leaving three children (grandchildren to the testator) and Child B has died leaving one child (grandchild to the testator), then a �per stirpes� distribution would give one-sixth to each of Child A's children and one-half to Child B's child. Under a �per capita� distribution, each of the four grandchildren would receive one-fourth.
http://www.utsystem.edu/ogc/gifts/willqa.htm
Hugh Wood
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