Bequeathing Specific Property Dilemma.
February 26, 2008

Q: If under your will you specifically leave property to a spouse, brother and sister and then leave the balance of your estate to your children, what happens if there is nothing left after distributing that property specifically bequeathed to the spouse, brother and sister?

A: This can be a complicated dilemma. If you specifically leave a stated amount of cash to individuals and the cash is not available, they do not get the cash. The same is true of any property which is purportedly left to heirs and not owned at the time of death. To add another layer of complexity, suppose the specific bequests were that the home go to the wife, and $500,000 each to brother and sister, with the balance (the residuary) going to the children, equally. And further suppose that the estate was comprised of the house and $900,000. The wife would receive the house and the brother and sister would split the cash to the tune of $450,000 each. The children would receive nothing. Although this doesn't sound like a disastrous result, many times clients make specific bequests thinking that there will be plenty available for distribution after the specific bequests. Unfortunately, sometimes this is not the case. From time to time you must review your estate plan in light of the assets you have.

If you have questions, please contact:
Charles B. Jones, Esquire

CJones@tandllaw.com
(410) 752-2468