Disinherited by Ademption. I recently met with a woman and her two brothers to settle their mother's estate. In her trust, the mother had provided for a duplex to be given to her daughter, in addition to an equal share of the estate. The mother, however, had sold the duplex before she died.
The daughter asked, "Don't I get an additional share of the estate to compensate me for the loss of the duplex?" Her brothers were adamant: "No," replied one brother. "If Mother wanted you to receive a replacement asset she would have asked Mr. Loveridge to amend her trust to give you a larger portion." Legally, the property was considered adeemed, and the daughter lost her "bonus" duplex. The point? If you dispose of an asset intended for a specific beneficiary, be sure to consider whether to give that beneficiary another asset or a larger share to replace it.