Legal Question in Wills and Trusts in Illinois
ademption
niece was left a ring by grandmother/we cannot find ring we thought she already received it as grandmother told myself her daughter/money in probate is being held up as neice will not release her claim. does she have a case. do i have to reimbursse some money value. the will was written in 1993/grandma died in 2006/ring has not been seen in years and was not with her valuables in the place she said it was a tin box
1 Answer from Attorneys
Re: ademption
If the ring is not found, it needn't be replaced by a monetary award. It is possible that your grandmother gave it away to her, or to somebody else during her life in which case she didn't own it on the date of her death.
Your niece's claim has no basis if a diligent search for the ring has been made. Since the case is in probate, take the matter before the judge and have a determine made.
Good luck to you.