different designations for multiple beneficiaries?

Submitted by Shell Rutledge on Thu, 2019-11-14 17:32

Hi all. My question: can I give different designations to multiple beneficiaries? In other words, have one beneficiary per capita and the others per stirpes? I have a widowed in-law that I want to take care of if she’s living, but if she predeceases, I want her share to be split between the other beneficiaries (immediate family) rather than go to HER heirs. I THINK designating her as per capita and the others as per stirpes should do the trick, but nothing I can find addresses doing it this way. Thank you!



Submitted by Bruce Steiner on Thu, 2019-11-14 22:52

  • You can have whatever designation you want.  Just make sure it’s clear who gets what under every possible contingency.  A good trusts and estates lawyer should be able to draft whatever you want.
  • One person can’t take per capita.  Per capita refers to a class of persons where the subject property passes equally to the surviving members of the class.  
  • Bruce Steiner

Add new comment

Log in or register to post comments