• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Law Offices of Kobrick and Moccia

Long Island Estate Planning Attorneys

ESTATE, TRUST PLANNING &
ELDER LAW INFORMATION CENTER

Call Now: (800) 295.1917

  • Attend Our Free Webinars
  • Home
  • Our Firm
    • About Our Firm
    • Client Testimonials
    • Meet Our Team
  • Services
    • Blended Family Planning
    • Elder Law
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Guardianship
    • Medicaid Planning
    • Nursing Home Planning
  • Resources
    • Articles
    • Elder Law Resources
      • Commack Elder Law
      • Elder Law Reports
      • Harrison Elder Law
      • Hauppauge Elder Law
      • Rockville Centre Elder Law
      • White Plains Elder Law
    • Estate Planning Definitions
    • FREE Estate Planning Worksheet
    • FREE Seminars
    • Frequently Asked Questions
      • Elder Law
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Medicaid
      • Probate
      • Trust Administration
      • Trust Administration & Probate
      • Wills and Trusts
    • Is My Estate Plan Outdated?
    • Legacy Wealth Planning Consultation Form
    • Medicaid Resources
    • Probate Resources
      • Harrison Probate
      • Hauppauge Probate
      • Long Island Probate
    • Probate Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning for Niches
      • Trust Administration
    • Top Estate Planning Techniques
  • Communities We Serve
    • Nassau County
      • Garden City
      • Lynbrook
      • Malverne
      • Rockville Centre
    • Suffolk County
      • Commack
      • Dix Hills
      • Hauppauge
      • Nesconset
      • Smithtown
    • Westchester County
      • Harrison
      • Mamaroneck
      • Rye Brook
      • White Plains
  • Webinars
  • BLOG
  • Reviews
    • Our Reviews
    • Review Us
  • Contact Us
Home » Estate Planning » Garden City NY Estate Planning: Per Stirpes, Per Capita & Other New York Legalities

Garden City NY Estate Planning: Per Stirpes, Per Capita & Other New York Legalities

January 3, 2014 by Saul Kobrick Leave a Comment

Ever wondered what per stirpes means? Maybe you’ve wondered the difference between per stirpes and per capita? With so many legal terms from Latin derivatives, it’s understandable that their definitions can get lost in translation. It also accounts for the number of people who will delay this important task.

Here’s a look at a few of those terms, the purpose they serve and how New York determines their respective roles in estate planning.

Per Stirpes or Per Capita?

Let’s take a look at these two often-confused words.

There is no greater grief than that of a parent who mourns the loss of her child, regardless of that child’s age. Unfortunately, there are parents who with that grief every day. Per stirpes and per capita addresses those circumstances. In its simplest form, it’s basically the way an estate is affected should a parent outlive his child.

Odds are, your children are named as beneficiaries in your will. Let’s assume you have two adult kids and six grandchildren. You’ve equally divided your estate between your children, but sadly, your oldest son dies and leaves three children. What happens next is where these determinations are made.

If your will notates your estate as per stirpes, that equal division remains in place with your youngest son receiving half of the estate, as you planned, and the other half is divided between the three children of your deceased son.

If, however, your estate is left with a per capita designation, it’s divided four ways: your surviving son and the children of the deceased son will receive equal divisions.

Nuncupative Will

This is simply an oral will. New York is quite specific in what’s acceptable of an oral will. It will recognize it if it’s made by one in the military during actual service or by one at sea. Further, they’re valid for just one year following discharge from the military or three years following the mariner’s will at sea.

Holographic Wills

These wills are those written in longhand by the testator. Again, New York laws are specific in that a member of the Armed Forces currently in active service or a mariner who is at sea may incorporate a handwritten will, even if it was drawn in another state that also recognizes these wills.

Intestacy

An intestate estate is one that does not have a will. Every state, including New York, has its own laws to determine what ultimately happens, but generally, it includes a guaranteed amount to the spouse of up to $50,000. Any children of the deceased will divide equally one half of the total estate in most instances.

Invalidated Wills

There are a number of ways an estate will may be invalidated. If there are questions about the deceased’s mental state at the time the will was drawn, one could challenge it. Also, if there are concerns that coercion was used, a judge could technically invalidate it. Any questions about the will’s execution can also delay or halt the process. This reiterates the importance of proper estate planning and why it’s not something most want to take without legal assistance.

As always, the best decision you can make is to hire an experienced Garden City NY estate planning lawyer. This way, you know the odds of problems in the future are less likely.

  • Author
  • Recent Posts
Saul Kobrick
Saul Kobrick
Saul Kobrick is an attorney licensed to practice law in the State of New York and the Founding Partner of The Law Offices of Kobrick & Moccia. Mr. Kobrick is licensed to practice law in all courts of New York State, as well as in the Federal District Courts for the Southern and Eastern Districts of New York. He is a member of the New York State, and Nassau County Bar Associations as well as a member of the American Academy Estate Planning Attorneys. Mr. Kobrick is also a member of the National Academy of Elder Law Attorneys.
Saul Kobrick
Latest posts by Saul Kobrick (see all)
  • “Last Will and Testament” Origin - April 1, 2021
  • Beneficiary Designations and Other Non-Probate Transfers - March 17, 2020
  • Preparing for Coronavirus - March 12, 2020

Filed Under: Estate Planning, Trust Administration Tagged With: beneficiaries, handwritten, intestacy, new york laws, oral will, Per Capita, Per Stirpes, will

Other Articles You May Find Useful

“Last Will and Testament” Origin
Joint Tenancy Pros and Cons
Joint Tenancy Pros and Cons
Planning for the Sandwich Generation
Planning for the Sandwich Generation
Best-Places-to-Retire-State
Best Places to Retire: State Taxation
men writing on paper
Whom Do You Want to Get Your Assets?
men writing on paper
Beneficiary Designations and Other Non-Probate Transfers

Reader Interactions

Leave a Reply Cancel reply

You must be logged in to post a comment.

Primary Sidebar

Law Offices of Kobrick and Moccia

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

Follow Us

  • Facebook
  • LinkedIn
  • RSS
  • Twitter

Blog Subscription

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

GARDEN CITY

1305 Franklin Avenue Suite 170
Garden City, NY 11530
United States (US)
Phone: (516) 248-9500
Fax: (516) 248-7606

HAUPPAUGE

150 Motor Parkway Suite 401 (Regus)
Hauppauge, NY 11788
United States (US)
Phone: (631) 941-3400
Fax: (516) 248-7606

HARRISON

600 Mamaroneck Avenue, 4th Floor
Harrison, NY 10528
United States (US)
Phone: (914) 701-0777
Fax: (516) 248-7606

MAP

kobrick_sidbr_map

Office Hours

Monday9:00 AM - 5:00 PM
Tuesday9:00 AM - 5:00 PM
Wednesday9:00 AM - 5:00 PM
Thursday9:00 AM - 5:00 PM
Friday9:00 AM - 5:00 PM

Footer

footer-logo
  • Facebook
  • LinkedIn
  • Twitter

The information on this Attorneys & Lawyers / Law Firm website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

Kobrick and Moccia, Attorneys at Law. Privacy Policy | Contact Us | Disclaimer | Site Map | Powered by American Academy of Estate Planning Attorneys

Law Offices of Kobrick and Moccia
Attorney Advertisement
© 2023 American Academy of Estate Planning Attorneys, Inc.