QUESTION
Father left us car in will. Car was totaled befor death. Insurance company paid $16,000 for car.
Asked on Apr 27th, 2016 on Wills and Probate - New York
More details to this question:
The car is still in the will, probate attorney who is handling estate tells us since car was totaled we are no longer entitled to anything. It would seem to me that since car was valued and paid $16,000 by insurance company to my father(we have copy of bank deposit)we would be entitled to that valuation.
1 ANSWER
Trusts and Estates Attorney serving Staten Island, NY
Partner at
Law Offices of Gina-Marie Reitano
1 Award
I think you might have an argument but the law is that a specific bequest lapses (or fails) when the specific item left in the will - here the car- is gone. It's the same with a house. If you were to have been left a house and the house was sold before death or at death, you would not be entitled to the proceeds. Another problem is that you may have to spend almost as much as you would receive if you prevailed. Please feel free to call me if you have any questions.!!
Answered on May 04th, 2016 at 6:43 AM
This response is for informational purposes only and is not meant to be legal advice. Every client is urged to speak to a qualified attorney in their jurisdiction.