• Our Promise to You During COVID-19/Coronavirus
    • Skip to primary navigation
    • Skip to main content
    • Skip to primary sidebar
    • Skip to footer
    • Home
    • Who We Are
      • About Our Firm
      • Attorney and Staff Profiles
      • Scott P. Schomer Certified As Specialist In Estate Planning, Trust And Probate Law
      • Trust and Probate Litigation: Verdicts and Settlements
    • Services
      • Legacy Planning
      • Probate
      • Asset Protection & Business Planning
      • Trust Administration
      • Trust, Probate and Estate Litigation
      • Estate and Gift Tax Figures
      • Family-Owned Businesses
      • IRA & Retirement Planning
      • LGBTQ Estate Planning
      • Loss of a Loved One
      • Power of Attorney
      • SECURE Act
      • Special Needs Planning
      • Young Families
    • Probate
      • Is Probate Always Necessary In California?
      • Why Hire A Probate Attorney
      • Probate Administration
      • Probate & Estate Planning Savings Calculator
      • Probate Code 850 Petitions
      • Probate Disputes
      • Probate In California
      • Probate Laws
      • Probate Litigation
    • Elder Law
      • Conservatorship
      • Coping with Alzheimer’s
      • Estate Planning
    • Resources
      • Elder Law
        • Elder Law & Medicaid Definitions
        • Elder Law Reports
      • Estate Planning
        • Estate Planning Articles
        • Estate Planning Checkup
        • Estate Planning Definitions
        • Estate Planning Reports
          • Advanced Estate Planning
          • Basic Estate Planning
          • Estate Planning for Niches
          • Trust Administration
        • Incapacity Planning Definitions
        • Is Your Estate Plan Outdated?
        • Special Needs Planning Can Protect Benefits
        • Top 10 Estate and Legacy Planning Techniques
      • Free Estate Planning Worksheet
      • Free Seminars
        • Webinars
      • Frequently Asked Questions
        • Advance Health Care Directives
        • Asset Protection
        • California Adult Conservatorship
        • Estate Planning
        • Estate Planning & Remarriage
        • Frequently Asked Questions For Families Without An Estate Plan
        • Incapacity Planning
        • In-Home Elder Care
        • IRA Inheritance Planning
        • IRA & SECURE Act
        • Irrevocable Trust
        • Legacy Wealth Planning
        • LGBTQ Estate Planning
        • Living Trust
        • Probate
        • Social Security & Medicare
        • Special Needs Planning
        • Trust Administration
        • Wills
      • Newsletters
      • Pre Consultation Form
      • Presentation
      • Published Book
      • Trust Administration & Probate Resources
        • Bereavement Resources
        • How to Know if You Need Extra Help With Your Grieving
        • Loss of a Loved One
        • The Mourner’s Bill of Rights
        • Things You Need To Do When a Loved One Passes Away With a Trust
        • Things You Need To Do When a Loved One Passes Away With a Will
        • Trust Administration & Probate Definitions
    • Reviews
      • Our Reviews
      • Review Us
    • Communities We Serve
      • Los Angeles County
        • Bellflower
        • Cerritos
        • El Segundo
          • El Segundo Probate Resources
        • Hawthorne
        • Inglewood
        • Long Beach
          • Long Beach Elder Resources
          • Long Beach Probate Resources
        • Manhattan Beach
        • Playa del Rey
        • Santa Monica
        • Westchester
          • Westchester Elder Resources
          • Westchester Probate Resources
      • Orange County
        • Anaheim
        • Buena Park
        • Cypress
        • Fountain Valley
        • Garden Grove
        • Huntington Beach
          • Huntington Beach Elder Resources
          • Huntington Beach Probate Resources
        • Los Alamitos
          • Los Alamitos Probate Resources
        • Rossmoor
        • Stanton
        • Seal Beach
        • Westminster
    • Contact Us
    • BLOG
    • Videos

    Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

    Schomer Law Group, Los Angeles Estate Planning and Elder Law and Elder Law Attorneys

    Connect With Us Today (310) 337-7696

    Attend a Free Webinar
    Home » Estate Planning » What’s the Difference Between Per Stirpes and Per Capita Beneficiaries?

    What’s the Difference Between Per Stirpes and Per Capita Beneficiaries?

    July 13, 2021Estate Planning

    per stirpes per capitaThere are some Latin terms used in the legal profession to successfully describe certain processes, and this will apply to wills and trusts. You may see the terms “per stirpes” and “per capita” utilized, and we will provide an explanation of these terms in this post.

    Beneficiary Succession

    When you draw up a will or trust, you are obviously going to name beneficiaries to inherit the resources after you are gone. This is usually a rather simple and straightforward matter, but what happens if a beneficiary predeceases you and the document was never updated?

    These Latin terms are used to answer this important question in a legally binding matter.

    Ser Stirpes Beneficiary

    The literal definition of the term per stirpes is “by branch,” and in this context, it is referring to a family tree. When the beneficiary succession is per stirpes, the descendent of a deceased beneficiary would receive their inheritance.

    For example, let’s say that you have two children: a son named Brian, and a daughter named Jennifer. Brian does not have any children, and Jennifer’s son, Thomas, is an only child.

    You are leaving equal shares of your estate to each of your two children, and the verbiage in your will includes the per stirpes designation. Sadly, Jennifer passes away before you do, and you never update your will.

    Under these circumstances, Brian will receive his half of the estate, and Thomas will receive the other half as Jennifer’s descendent.

    Per Capita Beneficiary

    If the beneficiaries that are named in a will or trust are receiving their inheritances “per capita,” the descendent of a deceased beneficiary would not be in line for an inheritance.

    Using the hypothetical situation with Brian, Jennifer, and Thomas, Brian would be the sole beneficiary if Jennifer predeceases you.

    Attending to Details

    You may never consider the possibility of a beneficiary passing before you do, but you can rest assured that an estate planning attorney would bring up the per stirpes versus per capita question.

    This is one of the reasons why you should work with a lawyer to develop your estate plan.

    Yes, there are do-it-yourself worksheets and downloads that you can access on the Internet, and many people think that this is a perfectly acceptable solution. However, the detail we are looking at in this post is just one of countless different things that need to should be considered.

    There are people that are under the impression that legal assistance is cost prohibitive, but this is simply not the case. When we discuss our rates with our prospective clients, they are usually pleasantly surprised, and there is a difference between an expense and investment.

    People often go to estate planning attorneys looking for damage control solutions after loved ones make costly mistakes. More often than not, the errors would have been avoided if they had received qualified legal guidance. In the long run, legal counsel will usually yield dividends.

    Attend a Free Webinar!

    We make an effort to offer educational opportunities to members of our community through our ongoing series of webinars. The sessions cover some very interesting topics, and there are offered on a complementary basis, so this is a great way to build on your knowledge.

    You can see the dates if you visit our webinar page, and when you identify the session you would like to attend, follow the instructions to register so we can reserve your spot.

    Need Help Now?

    If you have already learned enough to know that you should work with a Los Angeles estate planning attorney to put a plan in place, there is no time like the present.

    We know that it can be disconcerting to discuss personal matters with someone you have just that, and we take this to heart. When you choose our firm, you will feel comfortable from the start, and we will help you develop a tailor-made plan that is ideal for you and your family.

    You can set the wheels in motion right now if you call us at 310-337-7696, and you can use our contact form if you would prefer to send us a message.

    • Author
    • Recent Posts
    Scott Schomer, Estate Planning Attorney
    Scott Schomer, Estate Planning Attorney
    A graduate of Boston University School of Law, Scott P. Schomer is a frequent lecturer on estate planning and elder law issues, having discussed these important issues on local and national television. A seasoned courtroom advocate, Scott has obtained combined judgments and verdicts in excess of twenty-five million dollars for his clients. Scott has served as a member of the Los Angeles Superior Court Probate Volunteer Panel (PVP Attorney), Probate Settlement Panel and a Judge Pro Tempore. Scott's expertise has been recognized by his peers with such accolades as a life-time membership in the Multi-Million Dollar Advocates Forum, the Five Star Wealth Manager designation, and repeated nominations as California Super Lawyer.
    Scott Schomer, Estate Planning Attorney
    Latest posts by Scott Schomer, Estate Planning Attorney (see all)
    • Why Should I Use a Living Trust to Distribute My Estate? - May 17, 2022
    • The Importance of Liquidity in Your Estate Plan - May 11, 2022
    • Why Would I Want to Make a Trust Irrevocable? - May 10, 2022

    Other Articles You May Find Useful

    liquidity
    The Importance of Liquidity in Your Estate Plan
    Los Angeles trust attorney
    What Is a GRIT and Do I Need One?
    What an In Terrerem Clause Can Do for You
    Business Succession Planning May Be Easier than You Think
    The Toll of Serving as Fiduciary
    The Power in Powers of Appointment

    Primary Sidebar

    Schomer Law Group, Los Angeles Estate Planning and Elder Law Attorneys

    Schomer Law Group

    FREE Estate Planning Worksheet

    There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

    Testimonials

    Client Review
    July 29, 2020
        

    We need to update our Living Trust and attended Schomer Law Group’s seminar. Afterwards we made an appointment and were impressed by the attention Scott Schomer and Liran Aliav gave to our case answering all questions and making suggestions how to minimize the estate tax. All the office staff is very friendly and we highly recommend Schomer Law Group.

    Frank & Jutta R
    Client Review
    July 29, 2020
        

    Mr. Schomer does an amazing job at explaining all the intricacies of establishing a trust. He and his team help you every step of the way so you always know what to expect and what you are preparing for. Best education you can get and the best gift you can give your family.

    Paula M.
    Client Review
    July 29, 2020
        

    We put off getting a trust for years. After attending a seminar with Scott Schomer we realized that the time had come to get a trust. We were given very good reasons for why we should get a trust. No pressure, just the plain facts. We are very relieved and happy to finally get our trust. Scott and Cesar were very knowledgeable, helpful and listened to our ideas of what we had to say. Any questions that we have now and in the future they are available to assist us to solve them. I recommend the Schomer Law Group and I wish we knew about them years ago.

    Phillip G.
    Client Review
    July 29, 2020
        

    When you’re presented with an invitation to attend in a mailer, you may have reservations, this was a truly gift!! My wife and I were educated and guided through the process of creating a family trust.
    Both of our parents had attorney’s that “worked” with wills/trusts, but came up short. Fortunately, the Schomer Law Group was there! This is a group of attorney’s that only specialize in estate planning, law, and financial advice, so you know you’re getting expert and personalized advice. This is the best money we’ve ever spent!! Thank you!

    Bob L.
    Client Review
    July 29, 2020
        

    We knew we had to update our 10 year old ( 20 page ) trust. After several detailed meetings, Liran and Cesar produced a large ( 300 pages + ) highly detailed trust document that we have used to make sure our family estate is well managed and clearly understood.
    They were all very helpful in answering myriad questions and explaining all the various options…

    We would strongly recommend the Schomer Law Group to anyone with an estate of even modest means, to assure proper planning…

    Bob S.
    Client Review
    July 29, 2020
        

    We had contemplated updating our will and starting a trust for a number of years. After attending a talk by Scott Schomer we realized we were long overdue and the potential downside of not having our affairs in order was significant. Scott and his excellent team made the process simple and seamless. They were great listeners, addressed all our concerns and even pulled and processed all the paperwork from our financial institutions. If you are looking for assistance with estate planning, wills and trusts, we highly recommend Schomer Law Group.

    Robert F.
    Client Review
    July 29, 2020
        

    Very competent & informative – friendly atmosphere – ready to answer the most mundane questions – relaxed.

    Joan S.
    Client Review
    July 29, 2020
        

    Mr. Schomer was excellent in getting our family trust and estate affairs in order. My husband and I had put off doing this and Scott really made the process easy! He is very passionate in making sure his clients get all that they need and we really appreciated it. I would highly recommend him and look forward to the many years he will be available to assist our family.

    Kim

    Follow Us

    • Facebook
    • Twitter
    • Linkdin
    • Youtube
    • Instagram

    Blog Subscribe

    • This field is for validation purposes and should be left unchanged.

    Office Address

    El Segundo
    222 North Pacific Coast Highway., Suite 130
    El Segundo, CA 90245
    Phone: (310) 337-7696
    Fax: 310-337-1277

    See Larger Map Get Directions

    Office Hours

    Monday9:00 AM - 6:00 PM
    Tuesday9:00 AM - 6:00 PM
    Wednesday9:00 AM - 6:00 PM
    Thursday9:00 AM - 6:00 PM
    Friday9:00 AM - 6:00 PM

    Footer

    • Advantages of Working With Our Firm
    • About The American Academy
    • Disclaimer
    • Privacy Policy
    • Sitemap
    • Contact Us

    Schomer Law Group

    Connect with Us

    • Facebook
    • Twitter
    • Linkdin
    • Youtube
    • Instagram

    footer-logo
    © 2022 American Academy of Estate Planning Attorneys, Inc.

    Schomer Law Group

    Attorney Advertisement.

    © 2022 American Academy of Estate Planning Attorneys, Inc.