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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41004
Experience:  Texas lawyer for 30 years in Estate law
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It is our understanding that If any specifically-mentioned

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It is our understanding that If any specifically-mentioned assets are disposed of (sold, given away or lost) by the decedent while the decedent was still alive, those assets would no longer be considered part of the estate, regardless of what one’s Will might state.

Is this correct?

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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This communication does not establish an attorney-client relationship.Information provided here is not legal advice. Rather it is simply general information.

Customer: replied 3 years ago.

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?

Reference to Florida law.

The "estate" or "property" of the decedent includes all real and personal property owned at death, the transfer of which is controlled by the will of the decedent; or, in the absence of a valid devise, the laws of intestate succession. With the exception of homestead in certain instances, real property interests owned by the decedent at death that are capable of being devised are included in the estate. The interest must have been vested in the decedent at death, and must have been an inheritable interest.

So here they did not own it at death so its not part of the estate.Thats the botXXXXX XXXXXne as you stated.Youa re correct that under Florida law it was not part of the estate and the bequest was void.

Thanks again for letting me help you tonight.
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