Legal Question in Wills and Trusts in North Carolina
On a family will, the term "living issue" is used to describe a child. The question is does that include legally adopted children, or does "issue" mean that it must be a biological child of the person named?
Asked on 6/19/10, 4:57 am
1 Answer from Attorneys
Issue includes biological as well as adopted children. Living issue would require the children, regardless of biological or adopted status, to survive the testator. However, I would need to see the will to make sure that this is correct. The testator may elsewhere have defined living issue or indicated that adopted children were to be excluded.
Feel free to contact me if your would like review of the will.
Rachel Hunter
Attorney at Law
(678)-687-9693
Admitted in Ga, PA & NC
Answered on 6/20/10, 9:49 pm
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