I Was Left Property That Was No Longer Owned—What Now?
Are you the beneficiary of a will? Were you left specific property within your loved one’s will that they no longer actually own? You may have questions about your rights and your options. This concept is referred to as “ademption” in the context of estate planning law. In this article, our New Jersey estate planning attorney provides an overview of the key things that you should know about your rights, your options, and the law.
What is Ademption?
The Legal Information Institute explains that ademption “refers to the destruction or extinction of a testamentary gift because the bequeathed assets no longer belong to the testator at the time of their death.” In other words, if a will leaves you a specific item—such as a house, a car, or a specific antique—but the deceased no longer owned that property when they passed away, you may not receive anything at all. The doctrine can cause confusion and frustration for heirs who were expecting a particular asset but discover that it no longer exists in the estate.
Understanding the Rules for Ademption in New Jersey
Similar to most jurisdictions, New Jersey law generally follows the traditional rule of “ademption by extinction” for specific gifts. What does that mean? If an exact item is named in a will and that specific item no longer part of the estate at the time of the testator’s death, the gift is considered “adeemed” for the matter of state law. Unfortunately, that means that the intended recipient usually receives nothing in its place.
For example, if a will leaves you a particular piece of artwork, but that artwork was sold before the testator died, the gift fails. However, courts may consider whether the testator intended to revoke the gift or if there are exceptions under state law—such as if the property was sold by a legal guardian or agent acting under a power of attorney after the testator became incapacitated.
Do You Have Any Options?
It depends. There are some options available in some cases—but not every person who was left something that is no longer owned by the deceased will have a viable claim. A probate attorney can help. In New Jersey, courts always look at the facts of the case to determine whether a substitute gift or compensation might be appropriate. If the property was sold involuntarily or by a fiduciary acting on behalf of the testator, you may be entitled to trace the proceeds or receive an equivalent value. In some cases, a general or residuary clause in the will may provide for alternate distributions. You might also be able to challenge the ademption in probate court.
Get Help From a Probate Lawyer in New Jersey
At Poulos LoPiccolo PC, our New Jersey probate attorney is an experienced advocate for the rights and interests of clients. If you have any question about how to handle property that was left to you but no longer owned by the decedent, we are here to help. Contact us today for a fully confidential consultation. We provide estate planning and probate law representation throughout New Jersey.
