Definition of the term ‘issue…. per stirpes’
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Definition of the term ‘issue…. per stirpes’
Does the definition of the word
‘issue’ in a Will include a the
surviving spouse of a beneficiary
who never remarried or does this
word only refer to the biological
son of the deceased beneficiary?
Asked on May 17, 2017 under Estate Planning, Minnesota
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
"Issue" are a person's children or other lineal descendants such as grandchildren and great-grandchildren. Therefore, it does not mean all heirs but only the direct bloodline. Accordingly, a survivng spouse does not qualify.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Issue does not include a surviving spouse of a beneficiary. Issue in the context of a Will means children or other descendants of the deceased and is construed as to the intention of the testator (person whose Will this is). Again, it does NOT include a surviving spouse.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.