Types of Devises, Abatement, Ademption

Question 1

What kind of devise is this?

“I leave my 2014 Toyota Camry to my brother, Tom.”

Answer 1

Specific devise

Question 2

What kind of devise is this?

“I leave all of my cars that I may own at the time of my death to my brother, Tom.”

Answer 2

Specific devise; all cars acquired before my death would be included; if there are no cars, then there is no substitute

Question 3

What kind of devise is this?

“I leave $5,000 from my Merrill Lynch account to my mother, Jen.”

Answer 3

Demonstrative devise; if the particular fund is insufficient to satisfy it, it is then paid from general assets

Question 4

What kind of devise is this?

“I give my sister a sum of $5k.”

Answer 4

General devise; unconditional

Question 5

What kind of devise is this?

“I leave the remainder of my estate to my best friend, Rachel.”

Answer 5

Residuary devise

Question 6

What kind of devise is this?

“I devise my office building in Collier County to Kate.”

Answer 6

Specific devise because it particularly designates his office building in Collier County

Question 7

What kind of devise is this?

“I devise my vacant lot in Manatee County to Joe.”

Answer 7

Specific devise because it particularly designates his land in Manatee County

Question 8

What kind of devise is this?
“I devise 40 stamps issued by the former Soviet Union to Bill. To the extent possible, my personal representative should satisfy this devise from my stamp collection.”

Answer 8

Demonstrative devise because he initially designates the source to be used to satisfy the devise, & the devise is unconditional as he did not limit the devise to that one source

Question 9

What kind of devise is this?

“I devise the remainder of my estate to Al.”

Answer 9

Residuary devise

Question 10

What is the order of abatement if there is $8k in debt?
“I leave my gold watch to my sister. I leave the sum of $3k to my brother. I leave the remainder of my estate to Tom.”
Gold watch valued at $5k
Estate has $4k in cash

Answer 10

The first gift to abate is the residuary (which would be $1k). The next would be any general devises, which is the $3k cash that was supposed to go to the brother. Finally, the PR would have to sell the watch, & if sold for $5k, then $1k would go to the sister. The brother and Tom would get nothing.

Question 11

Mrs. Potter specifically devised her house to her daughter, Helen. The will then poured over to the trust. In her trust, she gave her son, Harry, an amount of cash equal to the value of the house.
The house was worth $200k.
The trust was valued at $150k.
What happens for Harry?

Answer 11

The devise of the house was specific; the payment equivalent of the house was general. Helen will get the house and Harry gets what is left in the trust.

Question 12

Miles makes a will in 2016 devising his trumpet to his friend, Bill. In 2017, the trumpet is stolen when Miles is playing in NY. Miles dies in 2018. What does Bill get?

Answer 12

Bill gets nothing because this was a specific devise; ademption by extinction

Question 13

Miles makes a will in 2016 devising his trumpet to his friend, Bill. Miles then sells the trumpet because he needed money. Miles dies in 2018. What does Bill get?

Answer 13

Bill gets nothing; ademption by extinction

Question 14

Miles makes a will in 2016 devising his trumpet to his friend, Bill. Miles then gives the trumpet to Bill in 2017. Miles dies in 2018. What does Bill get?

Answer 14

Bill gets nothing after Miles dies because he already received the trumpet; ademption by satisfaction

Question 15

Tom devised a specific building in Broward County to Kate. What are Kate’s rights if two weeks before his death, Tom sold the building for $400k. He placed the funds in a bank account.

Answer 15

Specific devise. Kate might have a claim under Hall v. Jones to bring in extrinsic evidence to show that the proceeds are traceable and that Tom’s intent was that Kate should receive the proceeds of the building.

Question 16

Tom devised a specific building in Broward County to Kate. What are Kate’s rights if two weeks before his death, Tom sold the building for $400k. He donated the proceeds to charity.

Answer 16

Specific devise. Proceeds would not be traceable, Kate will not be able to prove by extrinsic evidence that Tom intended that she should receive the proceeds in lieu of the sold building. Kate receives nothing.

Question 17

Tom devised a specific vacant lot in Seminole County to Joe. What are Joe’s rights if 2 weeks before his death, Tom sold the vacant lot in for $300,000. Instead of borrowing funds from a bank or other lender, the buyer agreed to pay Tom in 20 equal installments. As of Tom’s death, the buyer had not yet paid any of the $300,000.

Answer 17

Fla. Stat. § 732.606(2)(a) is applicable to this specific devise. Joe is entitled to the balance of the purchase price owing, after Tom’s death, from the purchaser to Tom, i.e., he is entitled to the $300,000 that was still owed to Tom.

Question 18

What kind of devise is this? Tammy’s will devises “my 1,000 shares of ABC Corporation common stock” to Derek.

Answer 18

Specific devise

Question 19

What kind of devise is this? Tammy’s will says: “I devise the value of 1,000 shares of ABC Corporation common stock, as of the date of my death, to Derek

Answer 19

General devise

Question 20

What kind of devise is this? “I devise 1,000 shares of ABC Corporation common stock to Derek

Answer 20

General; Tammy did not specify that it was her particular shares of ABC Corporation common stock. The PR personal representative can satisfy the devise by giving Derek Tammy’s existing 1,000 shares or by purchasing 1,000 shares with funds that are part of the general assets of the estate