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Registered
Join Date: Aug 2000
Location: Palm Beach, Florida, USA
Posts: 7,713
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Don't take anything I say here as legal advice, but I can give you the general definitions and explanation. Every state is different and every situation is unique, so I don't know whether the general rule applies to you or not.
In general, yes, issue means child. Your step daughter would not be considered your issue unless you adopted her. If you adopt a child she becomes your legal issue just as if she was your biological child. The reverse is also true. If you have a child who is adopted by a step-parent, once the adoption is complete she becomes the child (issue) of the adoptive step-parent and is no longer the legal child of the biological parent. Think of issue to mean "legally recognized child".
It seems odd that the trust wouldn't include a provision for you getting married in the future, especially if it provides for you having a child. Have you checked the language to make sure there isn't an inchoate wife provision? If not an easy way to protect your wife in this situation and to make things fair is to purchase a life insurance policy that covers your share of the trust if you die first. The premium for the policy can be paid out of the trust funds. Does that make sense?
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MRM 1994 Carrera
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