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Published byDomenic Ellis Modified over 9 years ago
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1. A specific gift adeems, that is, fails. See Rogers v. Carter – p. 140
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2. Voluntary partition among c0-owners Regarding part testator still owns, no ademption.
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3. Pro tanto (“only to that extent”) Regarding part testator still owns, no ademption.
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1. Beneficiary receives equivalent value No!
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2. Executor purchases item for beneficiary No!
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3. Tracing No! – See Shriner’s Hospital – p. 144 Unless, involuntary sale (e.g., by a guardian) Note: some states allow tracing into insurance proceeds
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4. Substantially equivalent gift No! Note: Some states allow beneficiary to receive a substantially equivalent gift if contained in testator’s estate.
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Specific Words of Identification Words of Possession General
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1. Explain to client who makes specific gifts. 2. Ascertain client’s intent. 3. Document intent in will
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I leave my 1974 AMC Gremlin to X. If this car is not in my estate at the time of death, [this gift adeems.] [X may select one car from my estate.] [X receives $25,000.] [X gets my Sony computer.]
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