What If the Gift You Leave in Your Will No Longer Exists?

Imagine leaving your vintage car to a loved one in your will—only to sell it years before your passing. What happens to that gift?

This scenario is known as ademption. It occurs when a specifically gifted asset no longer exists at the time of your death. In most cases, if the item is gone, the gift fails and the beneficiary receives nothing. However, there are exceptions depending on how the gift was described and whether it still exists in some form.

Learn more about understanding lapse and ademption in estate planning here.

If your assets change frequently, your estate plan should too. A qualified estate attorney in Ann Arbor can help you update your will to reflect your current wishes. Reach out today for expert support in keeping your legacy intact.

What Happens if a Beneficiary Passes Away Before You Do?

When planning your will, it’s easy to assume that everything will go exactly as written. But life is unpredictable—and sometimes, a named beneficiary may pass away before the will-maker does. This is what’s known as a lapse in estate law.

A lapsed gift typically fails unless an alternate beneficiary is named in the will. However, under Michigan’s Section 46, if the deceased beneficiary was a sibling or direct descendant, their own descendants might still be entitled to the gift.

Learn more about understanding lapse and ademption in estate planning here.

To ensure your wishes are carried out clearly and without confusion, it's essential to review your estate plan regularly and include contingency plans. Questions about your current will? Contact our estate attorneys in Ann Arbor at (734) 665-4441 for personalized guidance.