I am the executor of my father in laws will in the state of New Mexico , ( I live in Ohio ) the will states that personal effects , household effects , automobiles and other tangible personal property be left to a designated person . Is the bank account considered tangible or intangible ?
Elder Law Attorney
The general rule is that if you can hold it in your hand, it's tangible. You should ask your attorney in New Mexico.
This is a great question. I would look to the terms of the Will for guidance. A probate attorney would be of great benefit to you in doing this. It *sounds* like the provision in question deals mostly with personal items that do not have title, (with the exception of the automobiles). Bank accounts would normally fall outside this description. A careful reading of the Will is called for, however.
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Family Law Attorney
Take a look at this document http://jec.unm.edu/manuals-resources/manuals/2011%20Probate%20Judges%20Manual.pdf - third paragraph down. As is the case here in Ohio (and everywhere else that I'm aware of) bank accounts are intangible property.
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