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Issue is a narrower category than heirs, which includes spouses, and collaterals (siblings, cousins, aunts, and uncles). [2] This meaning of issue arises most often in wills and trusts. [3] A person who has no living lineal descendants is said to have died without issue. A child or children are first-generation descendants and are a subset of ...
If the anti-lapse statute does indeed apply, then the issue of the deceased beneficiary will inherit whatever was willed to the beneficiary. The testator can prevent the operation of an anti-lapse statute by providing that the gift will only go to the named beneficiary if that beneficiary survives the testator, or by simply stating in the will ...
In other words, just because the provisions of a will may seem "unfair" does not mean that the will is invalid. Therefore, wills cannot be challenged simply because a beneficiary believes the inheritance or lack thereof is unfair. [1] In the United States, the decedent generally has a legal right to dispose of property in any way that is legal.
Joint wills and mutual wills are closely related terms used in the law of wills to describe two types of testamentary writing that may be executed by a married couple to ensure that their property is disposed of identically. Neither should be confused with mirror wills which means two separate, identical wills, which may or may not also be ...
You may improve this article, discuss the issue on the talk page, or create a new article, as appropriate. ( July 2019 ) ( Learn how and when to remove this message ) This is a list of abbreviations used in law and legal documents.
A "motion to dismiss" asks the court to decide that a claim, even if true as stated, is not one for which the law offers a legal remedy.As an example, a claim that the defendant failed to greet the plaintiff while passing the latter on the street, insofar as no legal duty to do so may exist, would be dismissed for failure to state a valid claim: the court must assume the truth of the factual ...
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In common law jurisdictions, probate is the judicial process whereby a will is "proved" in a court of law and accepted as a valid public document that is the true last testament of the deceased; or whereby, in the absence of a legal will, the estate is settled according to the laws of intestacy that apply in the jurisdiction where the deceased resided at the time of their death.