110 1/2, par. If Grandmother’s will had instead specified that a deceased child’s share should go to that deceased child’s descendants, the result would have been in line with most people’s wishes—to provide for their children and grandchildren. JSTOR is part of ITHAKA, a not-for-profit organization helping the academic community use digital technologies to preserve the scholarly record and to advance research and teaching in sustainable ways. If I have an irrevocable trust stating that my natural child inherits,but I have no natural child, can I adopt my adult stepson, whom I raised and have him inherit? Experienced in multiple areas of the law. There’s no preparation necessary and you don’t need to bring any paperwork – just bring yourself and your questions. A spouse, stepchild who has not been adopted by the stepparent, parent, grandparent, brother, or sister of an individual is not a descendant of that individual.
A spouse, stepchild who has not been adopted by the stepparent, parent, grandparent, brother, or sister of an individual is not a descendant of that individual. A step-child … we both refinanced that home We never changed the name on the deed from his to both our names. Communication was excellent. Otherwise, it will go to my sibling, my mother, from ohio, died without a will. Login via your This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional. By chatting and providing personal info, you understand and agree to our Terms of Service and Privacy Policy. All rights reserved. I have a copy of his will that was witnessed by one person. I will tell you that...the things you have to go through to be an Expert are quite rigorous. Now that he has passed away I am wonder. In this context, a step-child would not be considered to be a descendant. Connect one-on-one with {0} who will answer your question. In a legal procedure sense, lineal descent refers to the acquisition of estate by inheritance from grandparent to parent and parent to child, w Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. My mother passed away several years ago with, My father died intestate in Ohio last week. The Will Package may be right for you if you have only a few assets and no minor children, and if you don’t mind your estate going through the probate court process. My Dad's mother died 15 minutes after giving birth to my Dad. in 1926. Although it is possible that Grandmother wanted to provide for her son-in-law, as well as for her grandchildren, that is not the result many people would want. We'll help untangle the web of complexities of elder law and special needs with a strategy to protect your assets and benefits. of experience including estate law. An adopted child is the adopting parent’s lineal descendant, according to Florida law.
(See: descent and distribution). lineal descendant: n. a person who is in direct line to an ancestor, such as child, grandchild, great-grandchild and on forever. All contents of the lawinsider.com excluding publicly sourced documents are Copyright © 2013-. - A very direct and understandable response - you have been a great help! So they would be "lineal" descendants for the purpose of this trust or any will or any other document that says "children" or "issue" or lineal descendant". I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Healthcare Directive (Living Will) / Medical Power of Attorney. His answers were excellent. Though state laws vary, an heir will typically be a spouse, child, grandchild, or more remote descendant, or a close relative such as a sibling, niece, or nephew. As with most estate planning issues, relying on the laws of intestate succession can lead to unwelcome surprises. Under the laws of every state, Betsy’s heirs include her spouse; and under the laws of many states, Betsy’s heirs would also include her children (Grandmother’s grandchildren). Heirs are those individuals who, by operation of law, inherit the property of a decedent who dies without leaving a valid will. I live in Ohio. We’ll help you determine if a trust is best suited to your circumstances. During your consultation, we’ll help you decide which services are right for you and your family. Such a person is also called a lineal descendant, “direct” descendant, or “offspring Published By: California Law Review, Inc. Access everything in the JPASS collection, Download up to 10 article PDFs to save and keep, Download up to 120 article PDFs to save and keep. If you wish to exclude stepchildren from your estate, in most cases it’s sufficient to do nothing. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. © 1943 California Law Review, Inc. My husband has been driving me insane with questions regarding estate issues since his mother died. She did not have a will. Lineal descendant is defined by regulation as an individual tracing his or her ancestry directly and without interruption by means of the traditional kinship system of the appropriate Indian tribe or Native Hawaiian organization or by the American common law system of descent to a known Native American individual whose remains, funerary objects, or sacred objects are being requested [43 CFR 10.2(b)(1)]. students at the University of California, Berkeley School of Law (Boalt Hall). Such power shall be exercisable by either Settlors Last Will and Testament ("the Will"), and the power granted herein must be specifically referred to in such Will in order to be exercised.". My father had all of his accounts POD to me except one CD. PaulMJD helped me with questions I had regarding an urgent legal matter. A person who was born into or legally adopted into the direct line of an individual’s descent (e.g., children, grandchildren, and great-grandchildren). JSTOR®, the JSTOR logo, JPASS®, Artstor®, Reveal Digital™ and ITHAKA® are registered trademarks of ITHAKA. Click below to book your appointment at one of our multiple greater St. Louis area locations. Such a person is also called a lineal descendant, “direct” descendant, or “offspring” descendant.
My great-grandfather's monies were given to t, My father was a resident of Ohio. She is in her 80s and not very healthy. California Law Review, Inc., a California nonprofit corporation, was established DearCustomer- Legally adopted children are treated the same as natural born children in all estate matters. institution. The Review is edited and published by The "Settlors" have one natural born child and several legally adopted children. Please note that all staff and visitors in our office must wear a mask. I am trying to understand a provision of a "Family Irrevocable Trust". Anne was extremely helpful. I would recommend JustAnswer to anyone. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. n. a person who is in direct line to an ancestor, such as child, grandchild, great-grandchild and on forever.
In a state that doesn’t recognize a family realignment exception, however, Jane won’t be considered Emily’s heir. Schedule your consultation with extra safety measures. (C) An adopted person or lineal descendant of an adopted person may not submit a request under this section until the adopted person or lineal descendant is at least eighteen years of age. I believer she has most of ther aproximate $300,000 savings in bonds, treasuries, Cds, and maybe some stocks. As I understand it, the estate has to go through probate and his wife (not my mother) will likely become the administrator. he recently passed away. Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent. If you have adopted children or unadopted stepchildren, estate planning is critical to ensure that your property is distributed the way you desire. I left feeling confident in her answer. Lineal Descendants Lineal descendant is not defined in the statute, which nevertheless makes clear that lineal descendants have priority over Indian tribes or Native Hawaiian organizations in making requests for human remains, funerary objects, and sacred objects.