Legal Definition
“Issue” of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent.
Basic Definition
Section 50: “Issue” of a person means all his or her lineal descendants of all generations, with the relationship of parent and child at each generation being determined by the definitions of child and parent.
In-Depth Overview & Use Cases
Section 50 defines “issue” as lineal descendants, including children, grandchildren, and further generations. The relationship is determined by the legal definitions of parent and child under California law. Use cases involve determining rightful heirs in probate matters, especially in intestate estates.
Application & Relevance
This section is essential for attorneys handling cases where inheritance depends on determining lineal descent. It clarifies familial relationships for the purposes of estate distribution and can be crucial in disputes involving omitted or contested heirs.
Legal Scenario
Estate & Probate Administration
Probate Code Impact
Section 50 is critical for determining who is entitled to inherit when there’s ambiguity about descendants. This definition clarifies who qualifies as an issue, preventing disputes over omitted heirs.
Legal Scenario
Financial Elder Abuse
Probate Code Impact
In cases of financial elder abuse, this section can assist in proving the relationship between the decedent and potential heirs. It’s used to establish rightful claimants to an estate when elder abuse leads to manipulation or unlawful inheritance.
