Estate Law Questions? Ask an Estate Lawyer.
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.
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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?