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What happens if the will makes a gift to someone who has died, or makes a gift of property that the deceased no longer owns?

A gift of a specific item, like jewelry or a collection, to someone who has died passes to that person’s estate (and then to their heirs), unless the will states that the gift lapses (skips that person). This may be stated in a different way, such as “My wedding ring to Joe, if he is then living,” “if he survives me,” or “unless he predeceases me.”

A gift of a specific item, such as a particular vehicle, that the deceased no longer owned at the time of death “adeems by extinction,” or in other words, fails because the property is not in the estate. Therefore, the personal representative has no property to give, and it is as if the gift is not written in the will.