Thanks for your question and good evening.You are correct here.The will only contains contingent distribution.If the assets was gifted or sold while the deceased was alive the bequest is then void.Whoever received the gift is the lawful owner here the bequest under the will is void since the deceased no longer owner it.The estate consists of only those things the deceased still owns at time on death under Florida law.The beneficiary is without remedy in such a situation the deceased no longer owns it at time of passing.I appreciate the chance to assist you tonight.Please let me know if you have more follow up.Thanks again.
I hope that you will be so kind as to leave a positive rating. If you do have any additional questions about my answer please click the "Continue Conversation Link" so I can provide you with a fully satisfactory answer. Please be aware that any rating of 1 or 2 is reflected as a negative rating and I receive no credit for my answers.
This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.
Can you provide some documentation or a statute in Florida law which specifically states this conclusion? This is important information for us to send to this particular beneficiary.
Also, some items were donated to charity (ie clothes and miscellaneous items) after the death of the deceased and listed as charitable deductions on that year's Federal Income Tax Return. How does this affect the beneficiary?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).