What if I no longer own the assets that I have willed?

If your will provides for gifts of assets that you no longer have, the best thing is to change your will, with a codicil, in order to delete those assets. If you don’t delete the asset upon your death, it’s normally, the gift has failed, because the asset is not present. It can present a problem, because if the asset was disposed of in your normal course of living, and you used the proceeds to pay your living expenses, then that will prevent a contest. If the asset was gifted away to another family member, another beneficiary, or to a nursing aide, then there’s a potential of a contest, not of the will, but of the gift before the date of death.

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