Can Property No Longer Owned By the Deceased Be Inherited Through a Will?

Full question:

My husband's father died a year ago. There was a will made in 1999 stating that all his assets be split between him and all of his siblings, (5 sisters) his house was to be sold and split etc. After this, there was a quit claim done on the house to my father in law and my husband. It was filed in 2007 with the county. I have been told by several lawyers, that the quit claim came after the will, and therefore the will, as far as the house is null and void and my husband owns the house and can do with it what he wishes. My husband let his sisters pretty much empty the house of all things worth anything, week after week they filled their cars with all of the belongings (assets) His sisters are being very nasty and greedy, although my husbands best friend has offered $50,000.00 for the house, and we have accepted, they are threatening legal action against my husband because they want $10,000.00 more for the house. It is not worth it. His friend has picked up all the recent expenses, and is paying for all the title changes and lawyer fees etc. My question is, do the sisters have a legal leg to stand on with their threats, or is it true my husband owns the house and can do as he wishes. He still intends to offer them an equal share of the money from the sale of the home, but does he have to?

• Category: Wills and Estates
• Subcategory: Will Contests
• Date: 04/07/2025
• State: Michigan

Answer:

The answer will depend on all the facts and documents involved, such as the wordking of the will and the circumstances surrounding the transfer to the husband by the deceased. A legacy is a gift in a will. It can be either specific, general or demonstrative. A specific gift would be "my watch" whereas a general gift would be "a watch". Ademption occurs when a specific gift fails. It can fail for a number of reasons. A specific gift fails if the item in question is no longer owned by the testator. Ademption is extinction that results when a testator revokes his or her intention to leave designated property to another either by altering the property or removing it from the estate.

Neither a general legacy nor a demonstrative legacy can be affected by ademption. Ademption can have a very harsh effect, because the legatee might be entitled to nothing else under the will. Ademption can also occur if the testator hands over the asset to the legatee as a lifetime gift. A determination must then be made whether the gift is specific, demonstrative or general, and whether or not ademption occurs in full or in part. Unlike a specific legacy, a general legacy is not subject to Ademption,

A specific legacy is revoked if the testator—the maker of the will—no longer owned the property at the time of his or her death or the property no longer existed. In some cases, a court will continue a provision for a specific legacy if it is clear that the testator intended the heir to receive the gift in any event.

However, if specifically devised property is transferred by an incapacitated person, the specific devisee may contest the transfer as being void due to lack of capacity, fraud, undue influence, etc. A person must be of sound mind to make a valid transfer by contract, such as signing a deed, and do so of their own free will in a knowing manner.

Please see:

http://www.cbwagnerlaw.com/pdf/to_adeem_or_not_to_adeem.pdf