Word of the Month: Issue

 Word of the Month: Issue

By Melinda Gustafson Gervasi

March 25, 2024

Conjure up an image of "lawyer" in your mind and chances are high that it will have a word bubble over the image's head that is filled with lengthy yet empty legal jargon.  While the legal profession is characterized as using far too many complex words, our legal education emphasizes concise writing.  For example, the word "issue" is only five letters long, but conveys a detailed concept.

Within the context of estate planning and probate, the word issue means your "children, grandchildren, great-grandchildren, and lineal descendants of more remote degrees, including those who occupy that relation by reason of adoption (as allowed under Wis. Statutes 854.20) and nonmarital children and their lineal descendants (as allowed under Wis. Statues 852.05).  That is a lot to say with just five little letters.

Wills are written to tell the court how to distribute your estate at your death; the intended reader is a judge or court commissioner, not your family or friends.  This is evident when clients of mine are reviewing their draft documents are are confused when they do not see their children or grandchildren listed.  Instead they will see something along the lines of:

If my spouses has predeceased, then to my issue by right of representation.   Which means, if my spouse died before me, then give an equal share to any of my children, grandchildren, etc.  

Keep this simple word in mind as you dive into the world of estate planning and probate and make sense of documents drafted for you by an attorney or those you are doing on your own.

Please remember -- a blog is not a lawyer, but a platform to spark thought and reflection.  Do not take this as legal advice, rather you should hire an attorney in your home state for advice specific to your situation.  Thank you for reading and be well.

Mother/Daughter (hint, the author is the toddler here). 
Myself and my two children were my mother's only living issue at the time of her death in 2014.