Hi there,
I’ve learned something humbling about certainty: it doesn’t stand a chance against real life. I once said I would never become a lawyer. Then I moved to Nashville, graduated from Vanderbilt Law School, and stepped into a career I hadn’t planned.
I resisted tax law even harder. When my first boss told me he wanted me to specialize in it, I felt instant dread. Years later, I graduated from NYU with a masters in tax law.
Then came geography. Michigan was never supposed to be permanent, just a practical little house so we could see family more often. My law license, my work and my professional identity were all rooted in Tennessee.
Now Michigan is home.
And the latest twist? The one I was most adamant about? I never considered starting my own law practice. Yet here I am, doing exactly that. I’ll share more soon, but once again, life is rearranging what I thought was fixed.
And that’s exactly the kind of shift that breaks estate plans.
Today’s Tuesday Triage episode is about what happens when a Will assumes life will stay still… and it doesn’t.
In most states, ademption occurs when a Will leaves someone a specific asset — a house, a bank account, jewelry, a vehicle — and that exact item no longer exists in the estate at death. If it’s gone, the gift fails. No substitute, no sales proceeds, nothing.
Courts don’t care what you intended. They care whether the asset was still there. They ask one brutal question: Did the property still exist at death?