Settlor's will leaves money to spouse's children.....what constitutes a "child"

[steveaaaaa]

Settlor's will leaves money to spouse's children.....what constitutes a "child"

What is the name of your state (only U.S. law)? MA

Settlor's will leaves money to surviving spouse's children, grand children and great grand children.....what constitutes a "child" I assume natural born,and adopted. Are spouses considered children of the settlors spouse?

 

[Just Blue]

What is the name of your state (only U.S. law)? MA

Settlor's will leaves money to surviving spouse's children, grand children and great grand children.....what constitutes a "child" I assume natural born,and adopted. Are spouses considered children of the settlors spouse?

No. They are not.

 

[justalayman]

You mention settlor and will in the same sentence. Is that an error or are you dealing with a trust (settlor is the person that funds the trust) or a will (with a testator)?

 

[steveaaaaa]

You mention settlor and will in the same sentence. Is that an error or are you dealing with a trust (settlor is the person that funds the trust) or a will (with a testator)?

Thanks for the replies.

We are dealing with a will that had multiple trusts. There is a marital trusts, Qtip, and A/B.

 

[LdiJ]

Thanks for the replies.

We are dealing with a will that had multiple trusts. There is a marital trusts, Qtip, and A/B.

In that case there is little chance that we can help you here. You are dealing with a complex situation and you need help from someone who is actually able to review everything.

I will tell you that the spouse of someone who meets the definition of "child" would not also be a "child". However, whether or not the spouse could inherit depends on facts not currently in evidence.

 

[justalayman]

Thanks for the replies.

We are dealing with a will that had multiple trusts. There is a marital trusts, Qtip, and A/B.

You need to determine what is designated to a trust and what may remain in the decedents estate. If there is any left in the estate then the term: child, unless described otherwise in the will, not include step-children.

If you are speaking to the terms regarding a trust it may be able to be interpreted differently especially if the trust involves the decedents spouse. A reference to children may include her children, depending on how any statement is phrased and the intent of the trustor.