in my moms trust the term ‘ living issue’ or ‘issue living’ is used. one sibling has passed before the house has been sold .since that sibling has no children under 21 years of age, shouldn’t that share be divided between the remaining siblings ?
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in my moms trust the term ‘ living issue’ or ‘issue living’ is used. one sibling has passed before the house has been sold .since that sibling has no children under 21 years of age, shouldn’t that share be divided between the remaining siblings ?
looked up the term on legal internet sites. just sounds like a bunch of double
talk ,can you help ?
Asked on October 2, 2019 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
"Living issue" means lineal descendents still alive. So children of hers, if they are alive when she dies. Or if a child predeceases (dies before) her but had children of his or her own, that child's children will split his or her share. But if that "line" of the family is closed off, by a child dying without children of his/her own, that child's share is divided among the remaining siblings.
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