Q: What does "children...deceased with issue then living" mean? And "the share for the living issue of a deceased child"
My parents wanted their Trust to split their inheritance between their four direct children. In reading the document there is language like the above that we can't decipher because the "living issue of a deceased child" sounds so confusing. Can you shed some light on what that phrase means? And if a Trust only mentions and references "the children", and lists the four children earlier int he document by each name, then that does not mean that grandchildren are included in the distribution, correct? It would specifically have to make mention to distribution to "grandchildren", and then name them, in order for that to be considered part of the distribution? Is that correct?
A: Just because the term "grandchildren" or "grandchild" isn't specifically mentioned, doesn't mean they can't be beneficiaries in certain circumstances. The term "issue" is usually a term defined within the trust agreement. Even so, it usually means lineal descendants such as children, grandchildren and greatgrandchildren, etc. Althogh I can't tell for sure without looking at the trust, it sounds like the trust language is written in such a way that if any of your siblings (your parent's children) were to die before them, then that deceased child's share would go to that deceased child's children (your parent's grandchildren), and NOT to you and your surviving siblings. It is important that your parents meet with a competent attorney to walk them through their wishes and ensure that the trust language matches exactly what they want.
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A:
This question has a simple legal answer (it involves how grandchildren are treated if a child dies before a parent) but it REALLY is a question that should be directed to the attorney who prepared the will / trust. PART of the job attorneys do when they draft documents is education.
If you don't understand something you should ask! Don't be afraid to do that -- it is YOUR estate plan after all!
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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