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?
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.
Estate Planning Attorney
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 action is to have legal representation in this matter.
7 lawyers agree
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.
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9 lawyers agree