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Understanding Per Stirpes: A Vital Concept in Georgia Estate Planning

Posted by Joel Beck | Jul 03, 2023 | 0 Comments

You may have encountered the term 'per stirpes' in the context of wills and estate planning. The phrase originates from Latin, meaning 'by the roots' or 'by the stocks'. Today, we interpret it as 'by representation.' In the context of estate planning, if assets are bequeathed to your children per stirpes, it details how assets are distributed if a child predeceases you. The easiest way to grasp this concept is with a simple family tree.

Illustrating Per Stirpes with a Family Tree

Consider a family: two spouses, John and Jane, with two children, Tom and Sue. Tom has two children, Scott and Nancy. In this scenario, John has predeceased Jane. We're examining Jane's will, which states that her assets are to be distributed to her children per stirpes. If Tom also predeceases Jane, a per stirpes distribution unfolds as follows: 50% of the estate goes to Sue, and 50% goes to Tom's lineage. Since Tom has passed away, his children, Scott and Nancy, 'step into his shoes.' They each receive a quarter of the assets, and the remaining 50% goes to Sue. Essentially, Jane's assets go to her surviving child and her grandchildren from her predeceased child.

Per Stirpes Misconceptions and Misapplications

The term "per stirpes" might seem straightforward, but its misuse or misinterpretation in a will can potentially lead to unexpected outcomes. For instance, if not explicitly defined within the will, different interpretations by family members can lead to disputes about the distribution of assets. These disputes could even result in costly legal battles that deplete the estate's resources and cause strife among family members.

Understanding the Specifics

A per stirpes distribution becomes especially complicated when family dynamics are not as straightforward as our earlier example. Consider situations involving step-children, children from multiple marriages, adopted children, or when one of the descendants predeceases the testator but leaves behind their own descendants. The application of per stirpes in such scenarios can become complex, and if not precisely articulated in the will, it may not truly reflect the testator's wishes.

The Role of a Professional

An experienced estate planning lawyer can provide valuable guidance in drafting a will. They can help clarify terms such as per stirpes, ensuring that it's applied correctly according to the testator's intentions. They'll also guide you through the complexities of the estate planning process, help you understand the laws in your specific state, and assist you in making informed decisions. This way, your family will be spared the stress of sorting out ambiguous estate provisions when you're no longer around.

In Georgia, the foundational tools for estate planning typically include a will, an advanced directive for healthcare, and a durable power of attorney. Depending on your circumstances, additional planning documents may be necessary. Remember, the objective of estate planning is to guarantee that your assets are distributed according to your wishes and to provide for your loved ones after your passing.

Reach Out to Peach State Wills & Trusts

At Peach State Wills & Trusts, we strive to make estate planning as seamless as possible for Georgia residents. If you have any questions about per stirpes or other estate planning matters, we're here to help. Contact Peach State Wills & Trusts at 678-344-5342 to learn how to plan for your future in Georgia today.

If you're seeking additional information about estate planning in Georgia, download our free guide here, no strings attached.

About the Author

Joel Beck

Joel Beck founded The Beck Law Firm, LLC in 2007. His firm focused on business law and estate planning needs of clients, two areas that he was drawn to based upon personal and business experiences in his life, including a ten-year career at NASD (now known as FINRA).


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