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Legal Definitions - indefinite failure of issue

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Definition of indefinite failure of issue

Indefinite failure of issue is a legal term that refers to the fact of a person's dying without any surviving children or other descendants who are eligible to inherit the person's estate. It is also known as dying without issue, definite failure of issue, or default of issue.

For example, if a person dies without any children or grandchildren, their estate would be distributed according to the laws of intestacy, which vary by state. In some states, the estate would go to the deceased person's parents, siblings, or other relatives, while in others, it would go to the state.

The term "indefinite failure of issue" can also refer to a failure of issue whenever it happens, without any certain period within which it must happen. This means that if a person's line of descent comes to an end at any time in the future, their estate would be distributed according to the terms of their will or the laws of intestacy.

Overall, the term "indefinite failure of issue" is important in estate planning and inheritance law, as it determines who will inherit a person's estate if they die without any surviving children or other eligible descendants.

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Simple Definition

Indefinite failure of issue means that a person has died without any children or grandchildren who can inherit their property. This can happen at any time, without any specific deadline. In the past, there was confusion about what "die without issue" meant, but now most places agree that it means to look at the time of the person's death to see if they have any children or grandchildren. If they don't, then their property can go to someone else.

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