meaning of the word "issue" in a will

This is a discussion on meaning of the word "issue" in a will within the Wills, Trusts, Estates forum, part of the Other Family Law Matters category; -----a person's children or other lineal descendants such as grandchildren and great-grandchildren. It does not mean all heirs, but only ...

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Old Apr 24th, 2009, 11:21 AM   #1
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Default meaning of the word "issue" in a will

-----a person's children or other lineal descendants such as grandchildren and great-grandchildren. It does not mean all heirs, but only the direct bloodline. Occasionally, there is a problem in determining whether a writer of a will or deed meant issue to include descendants beyond his or her immediate children. While a child or children are alive, issue refers only to them, but if they are deceased then it will apply to the next generation unless there is language in the document which shows it specifically does not apply to them.


So am I correct that this does not ever include any non-blood kin (except maybe legally adopted children)?
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Old Apr 25th, 2009, 11:30 AM   #2
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Default Re: meaning of the word "issue" in a will

That is normally correct yes. Of course always have a lawyer review the entire will if any interpretation questions of significance occur.
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Old Apr 2nd, 2013, 12:35 PM   #3
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Default Re: meaning of the word "issue" in a will

My will specifies that my estate is to be passed to my "issue" upon my death does 'issue' also include adopted children?. I have one natural child and one adopted child. I want both to share my estate.
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Old Apr 2nd, 2013, 04:41 PM   #4
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Default Re: meaning of the word "issue" in a will

Yes, it does. An adopted child shares in all rights of inheritance a bio child would.
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Old Apr 3rd, 2013, 08:42 AM   #5
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Default Re: meaning of the word "issue" in a will

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My will specifies that my estate is to be passed to my "issue" upon my death does 'issue' also include adopted children?. I have one natural child and one adopted child. I want both to share my estate.
An adopted child has all the rights of a biological child. It is important in a will to name one's children, however. There can be problems later on if one does not.

I would speak with a probate lawyer about this who will most likely recommend revising your will so the children are named.
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Old Apr 7th, 2013, 11:01 PM   #6
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Default Re: meaning of the word "issue" in a will

Does issue include step children or step grandchildren?

GWF
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Old Apr 7th, 2013, 11:12 PM   #7
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Default Re: meaning of the word "issue" in a will

Not unless they are specifically named, i.e. Bonnie Jean Smith.
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Old May 7th, 2013, 04:35 AM   #8
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Wink Re: meaning of the word "issue" in a will

so grandparents/cousins are not considered as issue?
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Old May 7th, 2013, 05:35 AM   #9
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Default Re: meaning of the word "issue" in a will

In the law governing the transfer or distribution of property, a child, children, and all individuals who descend from a common ancestor or descendents of any degree.

Seek the assistance of an estate attorney.
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Old May 7th, 2013, 09:40 AM   #10
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Default Re: meaning of the word "issue" in a will

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so grandparents/cousins are not considered as issue?
The term "issue" means that which came out of one's body. The issue of a marriage is the natural child of the parents. Adopted children get birth certificates showing the adoptive parents as natural parents and by law become the "issue" of the marriage.
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