Legal Question in Wills and Trusts in Michigan

Issue or Representation

My Uncle has included me and my brothers in his Will and Trust. One of my brothers has since died. He did not leave a Will and had not divorced his wife who left him 4 years prior to his death. I am a Trustee of the Trust and would like an explanation of a couple of lines in the Trust. ''If any of the beneficiaries should predecease the Trustor, then the share allocated to said predeceased beneficiary shall be distributed to his issue who survive the Trustor, by right of representation''.

Does 'Issue' in this case mean children only? He did not want any of the inheiritence going to his wife.

What does ''by right of representation'' mean?


Asked on 2/10/05, 4:37 pm

2 Answers from Attorneys
Blake Lipman Law Office of Blake P. Lipman

Re: Issue or Representation

Yes, "issue" means children and children's children and so on. In other words,..."bloodline." Wives are not part of the decedent's bloodline, but her children who are common to the decedent are part of the bloodline. I hope this clears things up. For more info, please contact my office at (248)851-3171.

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Answered on 2/15/05, 10:13 am
Don Rosenberg Barron, Rosenberg, Mayoras & Mayoras, P. C.

Re: Issue or Representation

By right of representation mean to the "issue" of your brother or plainly meant his kids equally. His wife is entitled to bubkus/nothing.

Check out our website

www.brmmlaw.com

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Answered on 2/10/05, 10:01 pm


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