Brooklyn, NY asked in Probate and Estate Planning for New York

Q: what happen if John bequeathed a prized stamp collection in his friend’s name, Travis. However, prior to John’s death,

John sold the entire stamp collection to a museum. The will was not altered to reflect the change in ownership.

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4 Lawyer Answers
Lawrence Allen Weinreich
Lawrence Allen Weinreich
Answered
  • Garden City, NY
  • Licensed in New York

A: It doesn't matter that the will wasn't changed, the will is effective as the date of death as to what is in John's possession at that time. Since the stamps were no longer John's for whatever reason, the bequest is like it never was.

Howard E. Knispel
PREMIUM
Howard E. Knispel
Answered
  • Estate Planning Lawyer
  • Commack, NY
  • Licensed in New York

A: A bequest fails if the property bequethed is not in the deceased possession on death. Specific bequests are just that. Specific.

1 user found this answer helpful

Michael David Siegel
Michael David Siegel
Answered
  • Probate Lawyer
  • New York, NY
  • Licensed in New York

A: Travis is SOL. This is known as a failed bequest.

George E. Patsis
George E. Patsis
Answered
  • Estate Planning Lawyer
  • Lindenhurst, NY
  • Licensed in New York

A: Nothing will happen, the stamps will remain the museum's property.

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