Legal Question in Wills and Trusts in Pennsylvania

what does it mean when will says distribute to son or his issue


Asked on 7/31/10, 8:21 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

the son or the children of the son.

{John}

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Answered on 8/05/10, 8:37 am

It means that assets pass to the son of whoever made the will and to any children adopted by or born to the son. Adopted children are usually treated like natural born children. See 20 Pa.C.S.A. 2514 � (7) Adopted children.--In construing paragraphs (9), (10) and (11) of this section, relating to lapsed and void devises and legacies, and in construing a will making a devise or bequest to a person or persons described by relationship to the testator or to another, any adopted person shall be considered the child of his adopting parent or parents, except that, in construing the will of a testator who is not the adopting parent, an adopted person shall not be considered the child of his adopting parent or parents unless the adoption occurred during the adopted person's minority or reflected an earlier parent-child relationship that existed during the child's minority. An adopted person who is considered the child of his adopting parent or parents under this paragraph shall not be considered as continuing to be the child of his natural parents except in construing the will of a natural kin, other than the natural parent, who has maintained a family relationship with the adopted person. If a natural parent shall have married the adopting parent, the adopted person shall also be considered the child of such natural parent.

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Answered on 8/05/10, 2:46 pm


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