• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
  • Services
    • Asset & Business Planning
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Financial Planning Assistance
    • Incapacity Planning
    • IRA & Retirement Planning
    • Legacy Planning
    • LGBTQ Estate Planning
    • Medicaid and Elder Law
    • Probate
    • SECURE Act
    • Special Needs Planning
    • Trust Administration
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veteran’s Benefits
  • Resources
    • DocuBank
    • Elder Law
      • Elder Law & Medicaid Definitions
      • Elder Law Reports
      • Elder Law Resources
        • Carmel, Indiana Elder Resources
        • Fishers Indiana Elder Law Resources
        • Greenfield, Indiana Elder Law Resources
        • Greenwood Elder Resources
        • Indianapolis Elder Law Resources
        • Lawrence Elder Law Resources
        • Plainfield Elder Resources
        • Zionsville Elder Law Resources
    • Estate Planning
      • Estate Planning Checkup
      • Estate and Gift Tax Figures
      • 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      • Is Your Estate Plan Outdated?
      • Top 10 Estate and Legacy Planning Techniques
    • Free Estate Planning Worksheet
    • Frequently Asked Questions
      • ABLE Accounts for Special Needs Planning
      • Alzheimer’s FAQs
      • Asset Protection Planning
        • Business Succession Planning
        • Safeguarding Your Assets
      • Beneficiary Designations in Your Estate Plan
      • Challenging an Indiana Will
      • Charitable Gifting in Your Indiana Estate Plan
      • DIY Estate Planning
      • Elder Law
        • Alzheimer’s and Dementia
        • Elder Abuse
        • Choosing the Right Nursing Home
        • Medicaid
          • Reports
        • Medicaid Planning
        • Planning for Long-Term Care
      • Estate Planning
        • Avoiding Estate Taxes
        • Estate Planning for the Beginner
        • Estate Planning for Grandparents
        • Estate Planning Myths
        • Estate Planning for Parents
        • FLPs and Family Foundations
        • Frequently Asked Questions for Families Without an Estate Plan
        • LGBTQ Estate Planning
        • Women and the Need for Estate Planning
        • How Divorce Impacts Your Estate Plan
        • Philanthropy in Your Estate Plan
        • Updating Your Estate Plan
        • Understanding Gift and Estate Taxes in Indiana
      • Financial Exploitation of Seniors
      • Financial Planning
        • Legacy Wealth Planning
      • Incapacity Planning
        • Long-Term Care Insurance
      • Incapacity Planning: Medical Decision-Making
      • Incorporating Intellectual Property into Your Estate Plan
      • Indiana Estate Administration
      • Nursing Home Abuse in Indiana
      • Outdated Documents
      • Pet Planning
      • Pet Planning in Your Indiana Estate Plan
      • Probate
      • Power of Attorney
      • Retirement Planning
      • Single Individuals without Children
      • Small Estate Administration
      • Transferring Estate Property
      • Trusts
        • Trust Administration
        • Serving as Executor
        • Serving as Trustee
        • Testamentary Trusts
        • Understanding Trust Beneficiaries
      • Trust Beneficiary Rights in Indiana
      • Understanding Your Social Security Retirement Benefits
      • Unpaid Caregivers
      • Veteran Benefits
        • Veterans Aid & Attendance Benefits FAQs
      • Wills
        • Contesting a Will
    • Newsletter
    • Pre Consultation Form
    • Probate and Trust Administration
      • Bereavement Resources
      • How to Know if You Need Extra Help With Your Grieving
      • Loss Of A Loved One
      • Probate Resources
        • Carmel, Indiana Probate Resources
        • Greenfield Probate
        • Greenwood Probate
        • Indianapolis Probate
        • Plainfield Probate
        • Indiana Probate
        • Zionsville Probate
      • Things You Need To Do When a Loved One Passes Away With a Trust
      • The Mourner’s Bill of Rights
      • Things You Need To Do When a Loved One Passes Away With a Will
      • Top 10 Tips for Probating an Estate in Indiana
      • Trust Administration & Probate Definitions
    • Trustee Duties Checklist for Indiana Trust Administration
  • Reviews
    • Our Reviews
    • Review Us
  • Areas We Serve
    • Boone County
      • Lebanon
      • Zionsville
    • Hamilton County
      • Carmel
      • Fishers
    • Hancock County
      • Greenfield
    • Hendricks County
      • Brownsburg
      • Plainfield
    • Johnson County
      • Franklin, Indiana
      • Greenwood
    • Marion County
      • Central Indiana
      • Indianapolis
  • Blog
  • Contact Us

Frank & Kraft, Attorneys at Law

Indianapolis Estate Planning Attorneys

CONNECT WITH US TODAY(317) 684-1100

Attend a Free Workshop
Home » Uncategorized

Uncategorized

Understanding the Difference Between Per Stirpes and Per Capita

November 6, 2025Uncategorized

A carefully crafted estate plan ensures that your property passes to your intended beneficiaries after your death. Without one, the State of Indiana will distribute your estate according to its intestate succession laws, which may not reflect your personal wishes. Even with a valid Will or trust in place, the use of inaccurate legal terms can undermine your goals. One area where this often occurs involves the distinction between distributing assets per stirpes and per capita. The Indianapolis attorneys at Frank & Kraft explain the meaning of per stirpes and per capita and how they can dramatically affect who inherits your assets. The Purpose of an Estate Plan At its core, estate planning allows you to maintain control over how your wealth is divided among your heirs. It offers peace of mind by ensuring that your property is managed and transferred in accordance with your values and intentions. When you make clear designations, you reduce the likelihood of family conflict and costly probate litigation. An effective estate plan also minimizes confusion for your loved ones during what is often an emotional and stressful time. Achieving these goals depends on the accuracy and precision of your legal documents. Even a small drafting error or misunderstanding of terminology can lead to a very different outcome from what you envisioned. Understanding “Per Stirpes” and “Per Capita” A Last Will and Testament or trust agreement often uses Latin terms that can seem intimidating at first glance. Two of the most common are per stirpes and per capita. Despite their unfamiliarity, these words carry significant legal weight because they determine how assets are divided among descendants. A per stirpes distribution means that if one of your named beneficiaries dies before you, that person’s share passes down to his or her descendants. By contrast, a per capita distribution means that only the surviving beneficiaries of the same generation inherit, and the shares are divided equally among them. The distinction between these two methods lies in who inherits when a beneficiary has predeceased you. Under per stirpes, the family line of a deceased beneficiary continues to inherit through their descendants. Under per capita, only those alive in the same generational tier receive an inheritance. The first approach tends to preserve family equity across generations, while the second keeps distributions simple and focused on surviving heirs. Understanding the difference ensures that your wishes are properly carried out and that the correct family members receive your legacy. Why These Terms Matter The words per stirpes and per capita may appear to be minor details, but they can completely change the way an estate is distributed. Using one instead of the other can determine whether grandchildren inherit their parent’s portion or whether only surviving children benefit. Without clarity, confusion and conflict are likely, particularly when multiple generations are involved. Working with an experienced Indiana estate planning attorney helps ensure that your Will or trust uses the right terminology to achieve your intended results. Example of a Per Capita Distribution To illustrate the difference, imagine you pass away leaving an estate valued at $900,000 and that you have three siblings: Daniel, Maria, and Lauren. Maria died before you and left behind two sons, Ethan and Jacob. If your Will states that your estate should be distributed per capita among your siblings, only Daniel and Lauren would inherit because they are the surviving beneficiaries of that generation. Each would receive $450,000. Ethan and Jacob would receive nothing because per capita distribution applies solely to living beneficiaries within the specified generation, and their mother’s share would not pass down to them. This approach is often chosen when you wish to limit distributions to a certain generation, such as your children or siblings, rather than extending inheritances to grandchildren, nieces, or nephews. Example of a Per Stirpes Distribution Now imagine that the same estate is distributed per stirpes among your siblings. Under this method, Daniel, Maria, and Lauren would each be entitled to one-third of your estate. Because Maria passed away before you, her one-third share would be divided equally between her sons, Ethan and Jacob. Daniel and Lauren would each receive $300,000, while Ethan and Jacob would each inherit $150,000, representing their mother’s share. This method ensures that a deceased beneficiary’s descendants are not excluded from your estate. Many individuals prefer per stirpes distribution because it mirrors family lineage and allows each branch of the family to receive a proportional share. Do You Have Additional Questions about Distributing Your Estate Per Stirpes or Per Capita? For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns about distributing your estate per stirpes or per capita in your estate plan, contact the experienced Indianapolis estate planning attorneys at Frank & Kraft by calling (317) 684-1100 to schedule an appointment.

A carefully crafted estate plan ensures that your property passes to your intended beneficiaries after your death. Without one, the State of Indiana will distribute your estate according to its intestate succession laws, which may not reflect your personal wishes. Even with a valid Will or trust in place, the use of inaccurate legal terms can undermine your goals. One area where this often occurs involves the distinction between distributing assets per stirpes and per capita. The Indianapolis … [Read more...] about Understanding the Difference Between Per Stirpes and Per Capita

Alzheimer’s & Brain Awareness Month: Promoting Education and Support Across Indiana

June 26, 2025Uncategorized

Alzheimer’s Awareness Month Indiana

Each June, Alzheimer’s & Brain Awareness Month offers individuals and communities in Indiana an opportunity to deepen their understanding of Alzheimer’s disease and related cognitive conditions. This national campaign, first recognized by presidential proclamation in 1983 and championed by the Alzheimer’s Association, encourages public dialogue about the effects of brain disorders, honors those living with the disease, and recognizes the critical role of caregivers. In Indiana, where both … [Read more...] about Alzheimer’s & Brain Awareness Month: Promoting Education and Support Across Indiana

What Does It Mean If a Trustee Is Accused of Self-Dealing?

January 27, 2022Living Trusts, Uncategorized

Indianapolis trust administration attorney

Trusts are frequently incorporated into a comprehensive estate plan. If you decide to incorporate a trust into your estate plan, you will need to appoint someone to be the Trustee of the trust. Your choice of Trustee is extremely important because your Trustee will be in a fiduciary role. There are several ways a Trustee can violate the duties that come with that fiduciary role. The Indianapolis trust administration attorneys at Frank & Kraft explain what it means if a Trustee is accused of … [Read more...] about What Does It Mean If a Trustee Is Accused of Self-Dealing?

Is a Family Limited Partnership Right for My Business?

July 29, 2019Small Business Planning, Uncategorized

business succession planning attorneys

Starting a small business is a dream come true for many people. If you are hoping to realize the American dream of becoming an entrepreneur, planning ahead is the key to the long-term success of your business. This is especially true if you plan to pass the business down to the next generation. In fact, the lack of planning is one of the leading reasons why so many family businesses fail to make a successful transition from one generation to the next. There are a number of strategies you can use … [Read more...] about Is a Family Limited Partnership Right for My Business?

Documents Needed for Estate Planning

May 22, 2019Estate Planning, Uncategorized

documents needed for estate planning

Creating an estate plan can be an intimidating prospect if you know nothing about estate planning. In fact, one of the most common reasons people offer for not having an estate plan in place is that they simply don’t know where or how to start. Because every estate plan is uniquely geared toward the specific needs and goals of the creator, you should always consult with an experienced estate planning attorney when you are actually ready to get started on your plan. In the meantime, however, it … [Read more...] about Documents Needed for Estate Planning

Should I Leave My Children a Lump Sum Inheritance?

February 6, 2019Estate Planning, Uncategorized

If you are a parent, you likely plan to pass down some, or all, of your estate assets to your children upon your death. If your children are still minors they cannot inherit directly from your estate; however, once they are legal adults you can leave assets directly to them within your estate plan. Just because you can though doesn’t mean it’s the best idea.  In fact, the Carmel living trust attorneys discuss why you might not want to leave your children a lump sum inheritance in your … [Read more...] about Should I Leave My Children a Lump Sum Inheritance?

Will Health Reform Change Medicaid?

August 16, 2017Medicaid, Uncategorized

Indianapolis Medicaid Lawyer

An Indianapolis Medicaid lawyer helps seniors to make sure they can qualify to get covered by Medicaid if they require nursing home care or other costly care that Medicare will not pay for. Millions of seniors rely on Medicaid to cover nursing home care costs, and Frank & Kraft provides help to those who want to plan ahead and make sure they can get Medicaid coverage as a senior, without first having to spend all of their personal wealth on nursing home care in order to qualify for … [Read more...] about Will Health Reform Change Medicaid?

Why is Nursing Home Planning So Important?

July 4, 2017Elder Law, Uncategorized

Indianapolis Nursing Home Attorneys

Indianapolis nursing home attorneys can provide help with making a nursing home plan. Making a plan is important not only for people who believe that the need for nursing home care is imminent, but also for people who may some day need to get care in a nursing home environment.  Frank & Kraft will work with individuals and families to determine both if a nursing home plan is needed and to determine what legal tools should be used in the creation of a plan. It is best to make your … [Read more...] about Why is Nursing Home Planning So Important?

The Executor of a Will Should have These Qualities

April 18, 2017Uncategorized, Wills and Trusts

Indianapolis Estate Planning Attorney

If you are in the process of creating a will, it won’t be long before you need to answer this question: who will you choose as the executor? Of course, if you’ve created this legal arrangement in the past, you’ve already made this decision. In some cases, even if you already have an executor in place, you may need to make a change. For example, this is necessary in the event that your original executor is no longer able to perform the duties required of him or her. The executor of a will … [Read more...] about The Executor of a Will Should have These Qualities

Questions for a Indianapolis Estate Planning Attorney

May 2, 2017Estate Planning, Uncategorized

When you hear the term “estate planning” it’s easy to get intimidated. You don’t know what you’ve done in the past. You don’tknow what to do in the future. Fortunately, with the right approach, this isn’t something that has to turn you into a ball of anxiety. Instead, you can make a few key decisions that will work in your favor. Above all else, you need to understand what estate planning is all about. Furthermore, you need to understand how to make decisions that will benefit you and your … [Read more...] about Questions for a Indianapolis Estate Planning Attorney

  • Page 1
  • Page 2
  • Go to Next Page »

Primary Sidebar

Frank & Kraft, Attorneys at Law

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
  • Twitter
  • Linkdin
  • Youtube

Where We Are

Frank & Kraft Attorneys at Law
135 N Pennsylvania St # 1100
Indianapolis, IN 46204
Phone: (317) 684-1100
Fax: (317) 684-6111

See Larger MapGet directions

Office Hours

Monday8:00 AM - 5:00 PM
Tuesday8:00 AM - 5:00 PM
Wednesday8:00 AM - 5:00 PM
Thursday8:00 AM - 5:00 PM
Friday8:00 AM - 5:00 PM

Map

frankkraft_sidbr_map

Footer

Frank & Kraft, Attorneys at Law, based in Indianapolis, we proudly serve Carmel, Greenwood, Noblesville, Plainfield, and the surrounding communities in Indiana.

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

Connect with Us

  • Facebook
  • Twitter
  • Linkdin
  • Youtube
footer-logo

Frank & Kraft Attorneys at Law
Attorney Advertisement

© 2026 American Academy of Estate Planning Attorneys, Inc.

© 2026 · American Academy of Estate Planning Attorneys, Inc. | Disclaimer | Privacy Policy | Sitemap | Contact Us