Per Capita vs Per Stirpes & Right of Representation | Bethel Law

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A simply but very common question we hear from our clients looking to create an estate plan is, "Why do I need a will if I have a trust?" You might be thinking the same thing. If the main reason to have a trust is to avoid probate, then why do I need to have a will as well if a will does not avoid probate? Our recommendation is always, yes, you should have a will even if you have a trust for 3 very important reasons.
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Disclaimer
Viewing this video does not create the expectation of an Attorney-client relationship. The information from this video is for general information purposes only. Nothing should be taken as legal advice for any individual case or situation.

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7 сен 2024

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Комментарии : 31

@Jackamahalla 2 года назад

I'm taking the Bar exam next week and this is the first time I've actually been able to visualize this concept. Thanks.

@bethellaw 2 года назад

No problem Jacob. You're welcome and good luck! Work through each question carefully and do your best not to rush. You've spent years preparing to take the test. You know the material. Take your time. You will have time to answer each question.

@pjohnson129 6 месяцев назад

same I literally watched an entire lecture in my bar prep course and was beyond confused and this video cleared it up so easily!! Bar exam is in two weeks - yay!!!

@dowblab 6 месяцев назад

Explained it better than my Wills & Trusts professor! A+

@bethellaw 6 месяцев назад

Thank you very much. I very much appreciate the compliment!

@missdrey954 5 месяцев назад

Thank you. I was trying to make sense of it in the notes by a lecturer and it was not gelling at all! I get it now!

@bethellaw 5 месяцев назад

You're welcome! Glad we were able to help. Good luck!

@meghangrimes1594 Год назад

3L with a Wills, Trusts, and Estates final exam on Friday. THANK YOU for the best explanation I've come across -- bookmarking for a refresher before the July bar!

@viapriya Год назад

I see you QUEEN, we're gonna crush this.

@bethellaw Год назад

Best of luck! I'm glad we were able to help!

@mohammedkafil.5409 3 месяца назад

Thankyou sir ,from India🇮🇳🇮🇳🇮🇳

@lizzy_wright_esq Год назад

Studying for the bar exam, and needed a refresher on the topic. Thank you for making it so straightforward!

@bethellaw Год назад

No problem. Very glad I could help. You've gone this far through law school. Time to get over the last hurdle. Good luck!

@bnvto 2 месяца назад

Thank you!

@bethellaw 2 месяца назад

You're welcome!

@andrewd3525 Год назад

Like a number of other people said I'm studying for the bar and this is the first time everything made sense!! Thank you so much! Keep up the good work and good luck😊

@bethellaw Год назад

Hello Andrew! (great name by the way) Thank you and good luck in your studies! It's a tough road but getting through it means you can write your own ticket careerwise.

@andrewd3525 Год назад

@@bethellaw 😀 thanks for the encouraging words! I can't wait for it to be over and start living a relatively normal life again

@sevanson1 10 месяцев назад

Camerson is a MUST!

@hyojinlee Год назад

Thank you for this video! (2L)

@bethellaw Год назад

Glad it was helpful! Good luck! You're almost there.

@Virtues162 Месяц назад

What you did is exactly called "Demystification!"

@bethellaw Месяц назад

Thank you!

@ShirlyLyubomirsky 2 года назад

The best coverage of the topic. Are these terms interpreted this way in California?

@bethellaw 2 года назад

Thank you! Yes, the California Probate Code upholds the same interpretation of these phrases as outlined in the video.

@alexscarfacejones 11 месяцев назад

What if there was no will. Just a trust that was made when deceased was no longer competent? Would the predeceased child's share be split by his kids(the grandchildren?) California

@bethellaw 11 месяцев назад

If I'm understanding your situation correctily, we have no Last Will and Testament but a Trust that was created when someone my not have had capacity to create the Trust begin with. IF the decedent did NOT have testamentary capcity to create the trust, then there would need to be some showing that this was the case, thus invalidating the trust and it's distributive provisions. Otherwise, the distribution set out in the trust would be the distribution for the trust estate. If the trust were declared void or invalid by a court, then the estate would fall into a typical probate and be distributed pursuant to the laws of intestate succession - Per Stirpes/Right of Representation. This would be assuming there was no valid Will laying out another specific distribution plan.