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Does "I direct that all of my household furnishings and personal belongings' include the personal vehicle.

Altoona, PA |

Next section says 'all the rest, residue and remainder' I bequeath to'. The vehicle was not mentioned specifically anywhere in the will.

Attorney Answers 4


  1. In my experience the car would not be included in the household items clause (it's usually limited to moveable household property only). The "residue" clause is the catchall for all other assets not specifically mentioned and I would typically interpret a will to go along with that. I am guessing this makes a difference in how the estate goes? Keep in mind if the residuary beneficiaries can agree on who gets the car, the value of the car will be included as part of that person's share so perhaps the other beneficiaries of the residue would get more "other stuff"

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website: http://www.stevenzelinger.com/


  2. I agree with Attorney Zellinger. A vehicle is not generally identified as a personal belonging or as personal property.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con


  3. This sounds like sloppy drafting to me. I think it could go either way, if challenged in court. Most Wills are more precise and include a provision that specifically addresses motor vehicles. This is sometimes in the section dealing with personal property and sometimes not.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  4. I agree with Attorney Frederick in that it might go either way.
    Generally I think that it would not be included.
    If the other heirs agree that you should have the auto-it would not be a problem.

    The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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