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

Asked over 1 year ago - 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. Steven M Zelinger

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    Contributor Level 20

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    Answered . 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... more
  2. Eric Jerome Gold

    Pro

    Contributor Level 19

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    Answered . 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... more
  3. James P. Frederick

    Contributor Level 20

    2

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    Answered . 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. ******... more
  4. Joseph Franklin Pippen Jr.

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    Contributor Level 20

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    Lawyer agrees

    Answered . 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... more

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