Death and Debts

Authors

Kevin Bennardo

Abstract

Uniform Probate Code section 2-606(a)(1) provides for automatic non-ademption of the unpaid purchase price of specifically devised property that was sold by the decedent after their will was executed but before their death. Rather than receiving the specific property that was left to them in the will, the named beneficiary receives the balance of any outstanding payments that are owed at the time of the decedent's death. This rule doesn't make sense. It doesn't square with the decedent's likely intent. The amount that the beneficiary will receive is largely arbitrary. It is tied to factors that have nothing to do with the decedent's likely preferences, such as how far along the purchaser was in their payment plan when the decedent happened to die and whether the purchaser kept current on their payments. This rule also doesn't square with the Uniform Probate Code's treatment of debts owed by a decedent's estate. Plus, it isn't internally consistent with the Uniform Probate Code's other non-ademption rules. To fix it, UPC section 2-606(a)(1) should be amended so that non-ademption of the unpaid purchase price of a specifically devised asset only occurs automatically if the decedent a retained security interest in the asset.

Recommended Citation

Bennardo, Kevin (2025) "Death and Debts," ACTEC Law Journal: Vol. 50: No. 2, Article 7.
Available at: https://scholarlycommons.law.hofstra.edu/acteclj/vol50/iss2/7