Legal Question in Wills and Trusts in Wisconsin

Any potential problems with the word ''issue'' when intended to include an adopt
Would there be any future problems in distribution when the word ''issue'' is used in a will, as far as excluding or including an adopted child who is actually meant to have an equal part of the distribution? Does ''issue'' only mean a child by actual birth as opposed to being adopted?

Asked on 1/11/01, 1:59 pm

Thomas Schober Schober Schober & Mitchell, S.C.

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Re: Any potential problems with the word ''issue'' when intended to include an a

Section 48.92 (3) of the Wisconsin Statutes says

the "rights of inheritance by, from and through an

adopted child are governed by sections 854.20 and

854.21."

854.20 and 854.21 contain language that equate an

adopted child to a natural child for purposes of

inheritance.

Based on the above, I believe that for all practical

purposes, an adopted child would be treated as if

the same as "issue" with respect to your question.

Answered on 1/29/01, 11:10 am

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