IF I WERE GIVEN TWO ITEMS OF PROPERTY IN A WILL, AND THEY WERE APPARENTLY SOLD, COULD I ASK FOR CASH AS AN ALTERNATIVE?

Asked 11/19/2009 under Wills, Trusts, Probate | 153 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

It depends when the items were sold.  If the items were sold by the testator (person that made the will), then you are not able to get anything.  in other words, the will does not become oprative until the date of death.  thus, any property that is sold in that person's lifetime will no longer be around when he passes away and that gift to you goes away.  you do not get to collect the cash equivolent value against the estate as that is not the law.  if the property was sold by the executor of the estate without giving it to you as required under the will, then you have a cause of action against the estate for the cash value that was received from that property.  If this is the case, then you need to hire a lawyer to sue the estate and the executor.

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