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

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

Altoona, PA -

Attorney Answers (4)

Steven M Zelinger

Steven M Zelinger

Estate Planning Attorney - Philadelphia, PA
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"

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Eric Jerome Gold

Eric Jerome Gold

Estate Planning Attorney - Calabasas, CA
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
James P. Frederick

James P. Frederick

Estate Planning Attorney - Livonia, MI
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

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Joseph Franklin Pippen Jr.

Joseph Franklin Pippen Jr.

Estate Planning Attorney - Largo, FL
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.

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