Legal Question in Wills and Trusts in Texas

in a Will, it says "that the share of any child of mine who has died leaving no issue shall be divided among my surviving children." My question: leaving " no issue" what does this mean?


Asked on 2/16/10, 10:13 am

2 Answers from Attorneys

Typically, "issue" means "child." Therefore, if the child to whom a gift is made dies before the person who wrote the will dies (the testator), AND that child has no children, then the gift to that child lapses. The lapsed gift will be split among the testator's surviving children. For example: Milo writes a will, leaving the property to his children Bill, Steve and John. John dies before Milo. If John has no children, then John's gift lapses, and Bill and Steve will split John's gift.

Dave

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Answered on 2/21/10, 10:39 am
Donald McLeaish McLeaish&Associates;, P.C.

Correct issue means child..and sometimes people want it to be to child not to a surviving spouse...

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Answered on 2/21/10, 1:26 pm


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