My parents wanted their Trust to split their inheritance between their four direct children. My daughter says... My father recently passed. Are you going to post the trust instrument here in segments, or speak to an attorney for a consultation? Living issue are children born to or adopted in a legal proceeding by someone. PART of the job attorneys do when they draft documents is education. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site. Okay, that may be even more confusing. I am licensed to practice in Michigan only. 4 KudoZ points were awarded for this answer. He left my mother as the primary executor; then my two... Hello, My father is 72 and can not get out of the house. who are alive when the previously mentioned "living children" are alive, and when the property is divided. Can you shed some light on what that phrase means? Even so, it usually means lineal descendants such as children, grandchildren and greatgrandchildren, etc. Consumers: Ask Lawyers Questions and Get Answers for Free! Read 2 Answers from lawyers to What does "children...deceased with issue then living" mean? Per stirpes is a method for determining the shares distributable to the issue. In reading the document there is language like the above that we can't decipher because the "living issue of a deceased child" sounds so confusing. A: This question has a simple legal answer (it involves how grandchildren are treated if a child dies before a parent) but it REALLY is a question that should be directed to the attorney who prepared the will / trust. A: Just because the term "grandchildren" or "grandchild" isn't specifically mentioned, doesn't mean they can't be beneficiaries in certain circumstances. Review native language verification applications submitted by your peers.

Don't be afraid to do that -- it is YOUR estate plan after all!

Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information. Copyright © 1999-2020 ProZ.com - All rights reserved. The KudoZ network provides a framework for translators and others to assist each other with translations or explanations of terms and short phrases. If you don't understand something you should ask! Libris Solutions - Dispute Resolution Services. English term or phrase: leave issue then living Where a will, trust, or other instrument calls for property to be distributed or taken "in the manner provided in Section 246 of the Probate Code," the property to be distributed shall be divided into as mane equal shares as there are living children of the designated ancestor, if any, and deceased children who leave issue then living. Last 30 Days. For another site operated by ProZ.com for finding translators and getting found, go to, General / Conversation / Greetings / Letters. "Living issue" also requires some form of time referent to be meaningful, such as "living issue at the date of settlor's death.". Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. We have typed up a paper... My widowed father-in-law went to an attorney 3 yrs ago to draw up a revocable living... My uncle passed away in 1990 and told me i was going to inherit his property.

Althogh I can't tell for sure without looking at the trust, it sounds like the trust language is written in such a way that if any of your siblings (your parent's children) were to die before them, then that deceased child's share would go to that deceased child's children (your parent's grandchildren), and NOT to you and your surviving siblings. The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. The phrase " living children of mine and deceased children of mine with issue then living", means any children of the deceased, and any grandchildren of his deceased children that are living. Participation is free and the site has a strict confidentiality policy. Privacy - Print page. Roach is wrong again. My Mother died one year ago and left my daughter as the executor. Also, I'm changing the area of law for this question to Trusts so that you can get an answer from a trusts attorney. Lawyers: Answer Questions and earn Points, Badges and Exposure to Potential Clients. And if a Trust only mentions and references "the children", and lists the four children earlier int he document by each name, then that does not mean that grandchildren are included in the distribution, correct? Living issue of a deceased child is that child's surviving children, grandchildren, etc. The deceased children have offspring still living, the children (can be adult in age! Issue means children and their children and so on who are alive at the time relevant to the use of the term. (or are passionate about them). I think "then living" means "who are alive at the relevant time" - i.e. The term "issue" is usually a term defined within the trust agreement. Answered on 7/23/10, 9:02 pm

ArizonaEstate Planning how do... More Probate, Trusts, Wills & Estates questions and answers in California.

One of these days I'm gonna buy Mr. McCormick a legal dictionary, to help him with his practice.

Generally speaking, this language means that the children of the deceased will take their parent's share equally.

That's what descendants means. It is important that your parents meet with a competent attorney to walk them through their wishes and ensure that the trust language matches exactly what they want. It would specifically have to make mention to distribution to "grandchildren", and then name them, in order for that to be considered part of the distribution? Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. what does "living issue" mean in the content of a trust? You can request verification for native languages by completing a simple application that takes only a couple of minutes. Reviewing applications can be fun and only takes a few minutes. It will be best if you take the trust to a trust attorney to learn what it means. Does a distribution that is to be made to issue per stirpes mean that: 1. everything is to be divided among all of the children, grandchildren, and great-grandchildren of the deceased or 2. the deceased’s children share the estate and that a grandchild will only get a share if the grandchild’s parent (the child of the deceased) has died? Log In. There are often heirs who are not issue. Login or register (free and only takes a few minutes) to participate in this question. Issue means children and their children and so on who are alive at the time relevant to the use of the term. Any children of his. Please seek competent local legal help if you feel you need legal advice, Lawyers, Answer Questions & Get Points )who have died, but who have left descendants who are still alive, deceased children who have willed their estate to parties still living.

"Living issue" also requires some form of time referent to be meaningful, such as "living issue at the date of settlor's death." However, it sounds like it leaves the estate to the children, but, in the case of a deceased child, to that child's children. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction.

Is that correct?