In the will there was a car, the car dosen't exist, does the new car go to that person or not?

Asked about 2 years ago - Manvel, TX

In the probated will my brother gets the old car but Mom got rid of it and got a newer one. Does he get that one or does it go to who gets the rest of the estate?

Additional information

The Will specifically states:
I give my car (names the car make, model, with year) to _____.
That is it.
And ...
I leave my residuary estate, that is the rest of my property not otherwise specifically and validly disposed of by this will in any other manner, to ____

And i can't afford to pay an attorney on the little got from the car to get an answer.

Attorney answers (3)

  1. David M. Pyke

    Contributor Level 15


    Lawyers agree

    Answered . I think the language you quote is pretty clear. The car identified doesn't exist, so that gift lapses. You don't substitute another car for the one described. The car that does exist, unless gifted by another bequest, becomes part of the residuary estate and goes to the person identified in the second clause that you quoted.

    There is no legal relationship created or implied by the exchange of message on this website. All statements are... more
  2. Joseph Franklin Pippen Jr.


    Contributor Level 20


    Lawyers agree

    Answered . It depends on the exact language in the will.
    For example- if it says any interest in old car-(described)-he would not get the new car.
    if it says-any interest in any car owned at my death-then yes.
    You should have an attorney review the will and advise.
    If all of the beneficiares agree to give him the car-the probate attorney and draft a beneficiary agreement.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more
  3. Alan James Brinkmeier

    Contributor Level 20


    Lawyers agree

    Answered . That all depends on the language of the Will.

    We cannot read it here online.

    Hire a lawyer to guide you through the Will challenge process.

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