Q: If something is left in a will, but another heir somehow has already taken possession of it before death, what happens
A: O.C.G.A. Section 53-4-66 provides: "Except as provided in Code Section 53-4-67, a specific testamentary gift is adeemed or destroyed, wholly or in part, when the testator for any reason does not own the subject of such gift at death." Assuming that the property was given to someone else by the testator, then the gift would not be effective. On the other hand, if property were stolen by someone from the testator, the executor would have a claim against the person who stole the property. You should seek the advice of a probate attorney if you have questions about how the above quoted statute might apply to the facts of this particular matter.
A: If you are left an item in will, but the person who drafted the will (testator) dies without possession of the item, you will not inherit the item under most circumstances. In some cases, if the item is sold and the money received for it is still in the possession of the testator, you could get the money in place of the item.
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