Legal Question in Wills and Trusts in New York

just received a copy of my dads will made on the computer it has two signiture and is notorized all by friends what doesper capita and not per stires mean?


Asked on 4/15/10, 3:47 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Per capita means that individuals take their distributive share equally. Per stirpes means that individuals take their distributive share through blood line.

Example: Father has two sons (Son A and Son B). Son A has two children (aa and bb). If son A dies before frather, per capita means that each individual receives the estate equally (1/3 for B, 1/3 for aa and 1/3 for bb). Per stirpes means that each individual receives the estate through the blood line (1/2 for B, 1/4 for aa and 1/4 for bb).

Mike.

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Answered on 4/21/10, 11:12 am


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