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Will my daughter not be able to receive vehicle gifted to her in her grandmother's will? My mother recently passed away. I am the executor of her estate and am joint beneficiary with my sister (who will not contest). She willed that my daughter, her g'daughter, was to receive her car....She specified the year & name of vehicle. Shortly after she made her will out, she sold that car & purchased another, but never changed the details legally. But, in addition to her will, we did find a handwritten paper with the will's instructions and had the old car's name crossed out & the new one written in. She most certainly wanted her to have the new one as well. What will happen with probate (which I barely understand) because of this? Will she still be able to get it?.
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If everyone agrees she is to get the car, then she can get it. A specific bequest which is no longer owned by the decedent fails. You cannot substitute a car. There is a proceeding you could bring to deal with it, but it would cost more than the car.
Answered on Apr 26th, 2017 at 11:14 AM