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
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/
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
** 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
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.
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