Video Summary

Two common terms used in preparation of a will are per stirpes and per capita. Both refer to different ways to indicate how your assets are to be distributed amongst your beneficiaries.

Per Stirpes means that if a benificiary named in your will dies before you do, then his or her share of the inheritance will pass to his or her beneficiaries.

Per Capita means that if a beneficiary named in your will dies before you do, this his or her share of the inheritance will be divided equally among the remaining beneficiaries.

For example, let’s say you have two children and the older dies.

If your will is written per stirpes, the older child’s beneficiaries will receive his half of your estate.

If your will is written per capita, the younger child will receive one hundred percent of your estate.

Video Summary

You may wonder, Do I need a will? The simple answer is: Yes.

“But,” you may reply, “I don’t have any assets.” Whether or not that’s true, preparing a will can do more than just protect any assets currently in your name. Your will becomes effective at the date of your passing, and it is impossible to predict exactly what you will have at that time. Thus, it would be prudent to provide legal documentation in advance so that whatever you own at the time you pass will be distributed as you would have preferred.

In addition, if you have minor children, a will can and should stipulate who will care for them in the event that you pass away. You should also give consideration to how the children’s money should be cared for. In some instances the individual(s) you would like to care for the children will not be the same one(s) who you want in charge of their money.

For help in preparing a will to best suit your needs, please call our office at (727) 847-2288.

Video Summary

Hi. I’m Chip Waller. I get questions from time to time about what is a living will. Well, often when you hear of a living will, people are referring to a dying declaration. A living will or a dying declaration says that you do not want your life to be prolonged artificially, and you direct and authorize your healthcare surrogate or a person who you designated in your living will to discontinue life support in three different circumstances: One, if you have an end-stage condition; two, if you have a terminal condition; and three, if you’re in a permanent vegetative state.

In order to have life support discontinued, first the physicians will make the determination that you’re not going to be with us that much longer. Also, you must be in an unconscious state, because if you’re in a conscious state you are then able to make this decision yourself. Third, the person who you designate to discontinue life support can exercise their own judgment as to when and whether or not life support is discontinued. Of course you want them to follow your wishes and do not wish to be prolonged artificially. Just because they discontinue life support does not necessarily mean they’re terminating your life. You’re being allowed to die naturally without any artificial means to keep you alive.

If you’re interested in having a living will prepared or other estate documents, give us a call at (727) 847-2288.

Video Summary

Whenever I prepare wills for my clients, from time to time I’m asked to provide a dollar for someone they do not wish to inherit from them. I always advise the client not to provide a dollar because it is almost impossible to administer that if someone has been left out of your will. Instead of leaving them a dollar, you only need to put in your will that you intentionally make no provision and you name the person or category of persons who you do not wish to inherit from you.

So, whenever you have a will drafted and you wish to exclude someone, the solution is not to leave them a dollar but to specifically provide in the will that you expressly make no provision for them. This is so that they are unable to contest the will on the basis that you forgot who they were, particularly if it’s a child or grandchild. And therefore, you simply name them in the will, that you’re not making provisions for them.

If you’re interested in having a will drafted, please give us a call at (727) 847-2288. Thank you.

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