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Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22406
Experience:  14 yrs estate law, real estate. Wills/Trusts/Probate
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If you inherited the contents of a house are you entitled to

Resolved Question:

If you inherited the contents of a house are you entitled to the itemized list?
Submitted: 12 months ago.
Category: Estate Law
Expert:  Barrister replied 12 months ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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Yes, as part of the duties of the Executor, they have to compile an inventory of all the decedent's assets and file it with the court. In NY the inventory is required to be filed by the Executor in the Surrogate's Court on the later of (a) six months from the date the Executor is appointed, or (b) the date that the federal or state estate tax return is due (or would have been due had a return been required), including the time granted for any extension(s). The inventory must contain the value of all of the decedent's property as of the date of death.
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So if she is refusing to provide a copy of the inventory, and the estate has been open at least 6 months, you can just contact the Surrogate Court and get a copy from the clerk. But if it hasn't been at least 6 months, then the Executor would not have to have formally filed it yet.
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Thanks.

Barrister

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If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Customer: replied 12 months ago.

Thanks....Also if I am listed on a safety deposit....Can I get a copy of the contents?

Expert:  Barrister replied 12 months ago.
Do you mean you are listed as a joint owner on a safety deposit box?
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Or just that the will states that you are to receive the contents of the box?
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Thanks
Barristre
Customer: replied 12 months ago.


I am the POA for my mother in-law and she is the one inheriting from her sister. There are 4 names on the box and hers is one of them. The box was never mentioned in the will.

Expert:  Barrister replied 12 months ago.
If there are 4 names on the box, then presumably they would all be joint tenants and they all would have equal rights to whatever is in the box. So anyone who is listed on the box could go to the bank and see what is in the box.
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Thanks
Barrister
Customer: replied 12 months ago.

If the will states she is to receive her tangible personal property, including personal property, house hold items, jewelry at the time of my death and not otherwise disposed of herein. Would this include her vehicle?

Expert:  Barrister replied 12 months ago.
Yes, personal property would include any vehicles and anything other than real estate.
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Thanks
Barrister
Customer: replied 12 months ago.

I'm just checking...we are talking NY right?......She passed 1/28/13....will was filed 2/14/2013....The executer allowed a grandson on the property and allowed him to take the vehicle and most likely other items I am guessing. This was just a few days after her death. He took the vehicle out of state. She said to me that the deceased said she wanted him to have the vehicle???? I have tried to find out the VIN number for the vehicle to find out where it is.

Expert:  Barrister replied 12 months ago.
Correct, all answers are given in accordance with the law of the customer's state.
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As for the vehicle, the executor couldn't legally dispose of it unless the will actually stated that the person was given it as a specific bequest. Otherwise it would go to whoever receives the residuary estate.
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Thanks
Barrister
Customer: replied 12 months ago.

He is the one to receive the residuary for the estate. How do they determine that it didn't fall under personal property.

Expert:  Barrister replied 12 months ago.
Let me clarify, there are two kinds of assets in many estates, personal property and real property. Real estate and land is real property. Everything else is personal property.
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Now under a will there are specific bequests and residuary bequests. Specific bequests are thinks like "I give my gold Rolex to Suzy Smith". If all specific bequests are given out, what is left is the residuary estate.
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So if the vehicle wasn't specifically given to someone, then it would fall into the residuary estate. If grandson was the beneficiary of the residuary estate, then he gets the vehicle unless it was specifically given to someone else.
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Thanks
Barrister
Customer: replied 12 months ago.

 


 


I guess I'm still questioning myself ....why the underlined statement below.....does not automatically the vehicle? For a silly example....it also states house hold items....does that mean she could also give him the broom because the broom was not actually specified? Just trying to wrap my head around it all.....


 


 


If the will states she is to receive her tangible personal property, including personal property, house hold items, jewelry at the time of my death and not otherwise disposed of herein. Would this include her vehicle?

Expert:  Barrister replied 12 months ago.
why the underlined statement below.....does not automatically the vehicle?
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This is not a really well drafted will because if she has already given away all tangible personal property, that includes everything that can be physically touched. (i.e. tangible) This means that there is no residuary estate for the grandson to inherit and he shouldn't have the car.
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Thanks
Barrister
Customer: replied 12 months ago.

I agree......Thanks for your time!


 


 

Expert:  Barrister replied 12 months ago.
You are very welcome. Glad I could help a bit.
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Thanks
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22406
Experience: 14 yrs estate law, real estate. Wills/Trusts/Probate
Barrister and 4 other Estate Law Specialists are ready to help you
Customer: replied 11 months ago.


Are there tonight?

Expert:  Barrister replied 11 months ago.
Hello again,
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Yes, I will be online for about fifteen more minutes tonight. How can I help?
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Thanks
Barrister
Customer: replied 11 months ago.


Did you get my question?

Expert:  Barrister replied 11 months ago.
Sorry no, I don't see anything new...
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Barrister
Customer: replied 11 months ago.


Are appliance's considered all tangible and personal property...I see fridge, stove, washer, dryer listed in the description of the home being sold. I am not being greedy but the ex seems to be doing as she pleases. Also someone seen antique furniture out side the home long after her things were put in storage...If she is going to be dishonest, I am going to question everything? We also sent her a request yesterday to let the 89 and 95 old year sisters receive the contents...It is a X XX XXXXX for them and cant do it in the winter.

Expert:  Barrister replied 11 months ago.
Are appliance's considered all tangible and personal property
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Yes, as we discussed earlier, "tangible property" is that which can be physically touched. So if you can touch it, it is included.
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The only way I can see this being permissible is if the will or trust stated that the "house and contents" goes to X. Then X would get the house and everything in it.
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Thanks
Barrister
Customer: replied 11 months ago.

If the will states she is to receive her tangible personal property, including personal property, house hold items, furniture and furnishings, and jewelry at the time of my death and not otherwise disposed of herein.

Expert:  Barrister replied 11 months ago.
I am not sure there is a question in your last post....
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I am assuming that "she" is mother in law and her is the deceased sister?
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Barrister
Customer: replied 11 months ago.


Yes..just stating the will by word to cover to see if it covers all contents

Expert:  Barrister replied 11 months ago.
Ok, the way I interpret that clause, unless the deceased specifically stated that they were giving a piece of personal property to someone specifically (I leave my cherry dresser to Suzy) then "she" (mother in law, I assume) would inherit all personal property. This would include household items, vehicles, cash, investments, etc. Only real estate wouldn't be included.
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Have to log off for the evening as I have work in the morning, but will check back tomorrow morning...
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Thanks
Barrister
Customer: replied 11 months ago.


Thanks

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