Ademption and Abatement
When your favorite uncle told you that his mint condition 1971 BMW 2002Tii would be yours one day, needless to say it was more than disappointing to hear the probate attorney say, “Sorry, the car adeemed.” What does “adeem” mean? It doesn’t appear in Webster’s Dictionary, at least where it should. Was this attorney pulling a fast one, literally, every evening taking the prized possession out for a cruise? Probably not.
When a gift “adeems,” that means the gift wasn’t part of the estate when the decedent died. Even though your uncle’s will very clearly stated that the car was to be yours, if your uncle no longer owned the car when he died, he cannot gift you something that is not his.
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