What happens if I die and my will is not updated?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What happens if I die and my will is not updated?

Say I left my son a Ford Mustang in my will. However, that car was destroyed in
a crash and I replaced it with a Camaro. If I were to die without updating my will
would my son receive the Camaro in place of the Mustang?

Asked on February 26, 2017 under Estate Planning, New Hampshire

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It depends on the language of the will. If the will said, "I leave my son my car," he will get it. If it said, "I leave my son my Ford Mustang," then if there is no Mustang, he does not receive the Camaro--wills are given their plain or obvious meaning. Of course, he may still get the car under some other provision of the lease (E.g. if there is provision meant to capture all the otherwise-unidentified assets, such as "I leave the rest and residue of my estate to my son": in that case, since the car was not otherwise specifically left to anyone by the will, it will go to your son as part of the "residue" of your estate.)


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption