Legal Question in Wills and Trusts in Georgia
What does living issue and pass per stripes
1 Answer from Attorneys
Question makes no sense as phrased. Per stirpes is Latin and means by the branch. Distributions can be made in a will either per stirpes or per capita (Latin for by the head). I will give examples as its easier to understand.
Example A: will says I leave stuff to my children per stirpes. You have 3 kids (A, B and C) and each child of yours is adult with each having 2 children. You make the will as above but child A dies before you. When you die, child B and C each get 1/3rd of your net estate or 1/6th each.
Example B: same facts except your will is per capita. A dies before you leaving two kids, D and E. When you die, you are survived by B, C, D and E. Each gets 1/4th share.
So that is the difference. I would have to see the document to see how it is written. It could be "I leave x to my issue as are then living at the time of my death but if any issue shall fail to survive me then my property shall pass per stirpes." Butu I would have to see to be sure.