Q: what happens when a bequest was sold prior to owners death and a new will was never made?
The specific wording: 5.1 Specific Bequest. I hereby give, devise, and bequeath whatever interest I may hold in the house situated at (address) to Robert J Stark (my father)
5.2 remainder of estate to 4 charities and two different neighbors
5.3 In the even that Robert Stark fails to survive me (he passed away before his cousin) then the specific bequest to him shall be distributed to his issue, per stirpes.
Do I have a case to waive ademption? The house sold in 2013. My cousin was 92 at the time and in a care home. He passed away Dec 2017.
A:
The intent may not be so 'clear' as you think. If he left his house to you and/or your father, but before he died he sold it, then the bequest 'fails' and you get nothing. The assumption is he would have changed the will if he intended to leave you SOMETHING but he needed to sell that house for some reason. Same thing with vehicles, art or any other valuable asset.
If the deceased sells it during his lifetime, the mention of it in the will means nothing. EVEN if he sells it, and the money is given to a different party in the will, as appears to be the case here, the assumption still stands.
SPECIFIC bequests are just that. No 'intent' beyond the stated gift is usually implied. There MAY be facts that imply otherwise, but the presumption is yours to disprove -- and it won't likely be easy. If you have questions you need a local attorney to review the situation to determine if there are other possible outcomes.
-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.
I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice
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