Friday, February 3, 2012

What Does "Issue" Mean in the Context of Estate Planning

The word "issue" plays a key role in estate planning.  However, a Google search will turn up the non-legal definitions:  - the act of sending out or putting forth; -something that is printed and distributed; and so on.  That is of little use to those attempting to create a will.

I often begin seminars with the statement that one of my primary functions as an estate planning attorney is to translate legalese into English, and the I point out that word "issue".  In estate planning parlance it means a person's offspring -- their children, grandchildren, and down the line.

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An example of "issue" in an estate plan would be "the remainder of my estate to my spouse, if my spouse has predeceased, then equally to my issue, by right of representation."  This is legalese for "give my property to my spouse, and if they died before me, then to my kids in equal shares."  A side note, the phrase "right of representation" is also known as per stirpes.  This indicates that if a child had predeceased, then his or her share would go to his or her children instead of his or her surviving siblings.

It can get complicated.  Flow charts are a great way to capture some of these concepts.

Remember, a blog is not legal advice.  Please consult with an attorney in your state for advice specific to your situation.

Thanks for reading!  I'll be back tomorrow with another definition.

3 comments:

Anonymous said...

How does the word issue in a will relate to Step-Children. Should it be excluded IF I include it in my Will?

Anonymous said...

How does the word issue in a will relate to Step-Children. Should it be excluded IF I include it in my Will?

Melinda Gustafson Gervasi said...

Great question. Keep in mind that each state defines words via state statute, so you need to check your home state. In general, issue includes offspring, meaning they are either born or adopted to the family. Most often issue would not include step-children. Blended families often generate complicated patterns of distribution, ones which are best addressed by an attorney in the state who focuses on estate planning and probate.