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Simple English definitions for legal terms

ademption by extinction

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A quick definition of ademption by extinction:

Ademption by extinction happens when someone tries to give a gift in their will, but the thing they wanted to give is no longer theirs when they die. For example, if a mom wanted to give her son a house in her will, but she sold the house before she died, the son can't get the house because it's not hers to give anymore. Even if the mom got money from selling the house, the son can't have that money instead. Sometimes it's not clear if a change to the thing being given is enough to count as ademption, but the court will try to figure out what the person who wrote the will wanted to happen.

A more thorough explanation:

Ademption by extinction is a legal term that means when someone leaves property to someone else in their will, but that property is no longer available when the will takes effect. This means that the person who was supposed to receive the property will not get it.

For example, if a father leaves his car to his son in his will, but he sells the car before he dies, the son will not get the car because it is no longer available. The gift of the car has been adeemed by extinction.

It is important to note that the person who was supposed to receive the property will not get anything else in its place. In the example above, the son will not get any money from the sale of the car.

There are some cases where it is not clear whether ademption by extinction has occurred. For example, if a mother leaves her son 100 shares of a certain stock in her will, but she sells those shares and buys 100 shares of a different stock before she dies, it is unclear whether the son will still receive the shares. Some courts have held that this is not ademption by extinction because the mother's intention was still to leave her son 100 shares of stock, even if it was a different type of stock.

Overall, ademption by extinction can be a complicated legal issue, but it is important to understand if you are creating or inheriting a will.

ademption | ademption by satisfaction

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11:40
You only do cardio on the weekends ;)
babycat
11:40
@m10: I have a friend that does this but he doesn’t get mad pussy
m10
11:40
I'll work that in! Sounds like a good way to segway.
m10
11:41
@babycat: yeah, well unlike 99.99% of people who do standup I will.
BulbasaurNoLikeCardio
11:41
To do stand up comedy you have to have fat balls, that is awesome
m10
11:41
Woah, I got little balls. Like Adam Friedland. I ain't no Stavros.
what are we hoping for today?
m10
11:44
Nothing. No news is good news for me.
11:44
Crickets coming from my status update
babycat
11:45
dk are we gonna go to a homoerotic law school together?
11:45
@m10: at undergrad froshers: https://www.youtube.com/watch?v=6YEarMyIAzs
m10
11:46
@EvolBunny: God damn, classic Randy.
babycat
11:48
Going to law school with you is even more fun than going to San Sebastian, Irún, Hendaye, Biarritz, Bayonne or being sick to my stomach on the Travesera de Gracia in Barcelona partly because in your orange shirt you look like a better happier St. Sebastian partly because of my love for you, partly because of your love for yoghurt partly because of the fluorescent orange tulips around the birches partly because of the secrecy our smiles take on before people and statuary
m10
11:49
Man, there is this girl I visit every month at this one restaurant who I used to go skinny dipping with naked like @ararara always talked about in San Diego. We randomly reconnected like two months ago at this place she works at and we talk a lot about John Steinbeck books. If I don't visit her this month, she might be sad. However, this is my first day not sick and I worry about getting her sick and I am broke. What should I do LSD?
m10
11:49
Thanks @babycat that means a lot!
m10
11:50
Glad we can both be content at Scalia law. One of my favorites.
you can ask her if she wants to risk getting sick
11:50
hi lsd
m10
11:50
I dont have her number or any social media. This is one of those regular kinda things in restaurant and bar culture.
11:50
berk td is unlikely so BERK MONDAY :eyes:
hi eggan :)
babycat
11:52
@m10: I’m not going to DC this isn’t going to work out
11:55
hello all
hello info man
@m10: go see her it's worth the risk
11:55
hey wasp
babycat
11:56
hi information man
m10
11:56
Thanks wasp, I will.
11:56
hey babycat
m10
11:56
@babycat: What I am referencing earlier with the balls comment. https://youtu.be/qjRBAhWPT7g?si=MxPwIM12dco_Ad2M&t=3325
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