Legal Question in Wills and Trusts in California

what does "living issue" mean in the content of a trust?


Asked on 7/23/10, 5:34 pm

3 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

Living heirs and descendants.

Are you going to post the trust instrument here in segments, or speak to an attorney for a consultation?

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Answered on 7/23/10, 8:44 pm

Roach is wrong again. There are often heirs who are not issue. Issue means children and their children and so on who are alive at the time relevant to the use of the term. "Living issue" also requires some form of time referent to be meaningful, such as "living issue at the date of settlor's death."

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Answered on 7/23/10, 9:02 pm
Anthony Roach Law Office of Anthony A. Roach

That's what descendants means. One of these days I'm gonna buy Mr. McCormick a legal dictionary, to help him with his practice.

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Answered on 7/23/10, 9:48 pm


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