10:06 AM Sep 19th
• Plain language? Is that even possible? And with drafting wills and trusts? Read on... One thing that good lawyers try to do is use plain language in their writings that can be understood by the opposing party, the court and the client in any situation. That said, it is harder to incorporate plain language in estate planning, trusts and probate matters. This is because some terms and phrases in this area, while foreign to clients, have accepted meanings in this practice and have become terms of art. One word that is often misunderstood, but comes to mind as a great example is the term "issue." Used in a will or trust when one writes and "...to his or her issue..." In this context it means the person's children, grandchildren and maybe even great-grandchildren. It is a nice open ended phrase that can be determined when the person dies as to the extent of their issue for estate planning purposes. Another confusing term is "real property." Real property means real estate or land and is different from personal …
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