Legal Question in Wills and Trusts in Illinois
A gift given before death, but is willed to someone else
If a gift is given to someone before the giver dies, and over five years later there comes about a will that states the gift was to be given to someone else, what right does the person receiving the gift have? What if the person that received the gift has since given it away? What right then would the current owner have to the gift. The gift being a piano. Please respond at your earliest convenience and thank you very much!
1 Answer from Attorneys
Re: A gift given before death, but is willed to someone else
If the piece of proerty was vaiidly gifted during the decedent's lifetime, then it is not an asset of the decedent's estate and thus cannot pass under the will to the beneficiary. In legal terms, this is called "ademption". Unless the Estate can somehow show that the item wasn't really gifted during the decedent's life, then the person named in the will has no claim to it.
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