If you left your estate to your heirs per capita, Michael’s children would get nothing. Your estate would be divided between Alex and Christina. Each would inherit 50% of your assets.
On the other hand, if your will left your estate per stirpes, your estate would still be divided in thirds. Alex and Christina would each receive one-third, and the remaining third would be divided between Michael’s two children.
Per stirpes considers only direct descendants. In other words, if your child passes before you, their children inherit their share of your estate. Spouses are not included in the distribution. So even if Michael was married at the time of his death, his spouse wouldn’t be entitled to receive a share of the estate.
Of course, this is a simplified example, but it gives you the general idea of the difference between per stirpes and per capita.
Why is per stirpes important?
A per stirpes designation in a will can be used to ensure that all your heirs (and their heirs) are accounted for when it comes time to divide the estate. For example, if you want to make sure your grandchildren get a piece of your assets even if your children die before you do, a per stirpes designation in your will can make sure that will happen.
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