Property mentioned in will not owned by deceased

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Property mentioned in will not owned by deceased

What happens if one of the properties mentioned in the will is no longer owned by the deceased? Deceased sold property, but never got around to changing the will, so the will list several people getting 1/3, 1/3, 1/6, 1/6 after all expenses are paid from the property that the deceased no longer owns.

Asked on August 20, 2019 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A Will can only convey property that is owned by the deceased at the time of their death. If real estate has been sold prior to the deceased's death, then the estate has no control over it. The sale will stand and the beneficiaries have no claim to it.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A Will can only convey property that is owned by the deceased at the time of their death. If real estate has been sold prior to the deceased's death, then the estate has no control over it. The sale will stand and the beneficiaries have no claim to it. 


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