Houston Ademption Lawyers

Although an estate may promise certain properties to a beneficiary, these estates may not actually retain all of these properties between the time of the will and the time of death. However, under certain conditions and specific will language, if a property passed to a beneficiary can be created, such as a sum of money or amount of stock gathered from selling associated pieces of property, the estate will raise those properties. In a process known as ademption, any other parts of a testament may be cut from a will if the testator did not have those properties at death.

Contact the Houston ademption lawyers of Garg & Associates, P.C., at 281-362-2865 if you would like a skilled and experienced attorney to help you to draft a will that recognizes your last wishes regarding your property and assets.

Ademption Exemptions

Ademption is involved in the the majority of non-cash gifts in a given testament, as objects such as cars or works of art that are lost are the property of someone else, meaning that they cannot be rightfully given back to a beneficiary. There are exemptions to ademption, which create problems for probate deliberations:

  • general gifts, or monetary sums
  • a quantity of something that can be bought by sale of other estate properties
  • property lost after a benefactor becomes incompetent

Some confusion can arise between listed quantities that can diminish in between the writing and execution of a will. In general, if the testator writes the will not indicating possessive ownership over a certain quantity, the property will not be adeemed. Otherwise, the use of possessive pronouns or specific ademption clauses can provide language that clarifies these situations.

Contact Us

If you are facing the division of your estate, the process can be a strenuous exercise of using precise language and adhering to state and local laws. Even a misplaced pronoun can lead to major changes in the execution of the testament. Contact the Houston ademption lawyers of Garg & Associates, P.C., today by calling 281-362-2865.

firm info  |  practice areas  |  articles  |  faqs  |  blog  |  contact us  |  Site Map  |  resources  |   Find us on Google+   |   Log in

Garg & Associates, PC | 21 Waterway Avenue, Suite 300 | The Woodlands, Texas 77380 Please call 281-362-2865 | Fax: 866-743-4506
Serving The Woodlands, Spring, Houston, Conroe, Kingwood, Tomball, Cypress, Huntsville, Cleveland, Stafford, Montgomery County, Harris County, West Oaks, Memorial, Sugar
Land, River Oaks, Alief, Stafford, Missouri City, and Southwest Houston Texas.