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Ask Legalease Your Own Question
Legalease, Attorney
Category: Estate Law
Satisfied Customers: 16367
Experience:  15 yrs experience: Elder Law, Wills, Social Security Issues
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There are 2 sons. Both Eldery parents die. One son is left

Customer Question

There are 2 sons. Both Eldery parents die. One son is left the house and contents. The other the money. Not even trade. But that is not the problem. Does house and contents take in their personal effects? Also for Christmas everyone bought them gift cards. The son with the house figures this is all his. I am sorry I feel like I am rattling on.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Legalease replied 2 years ago.
Hello there -
"Contents" generally means any items that are not real estate that are located within the house as of the date of death of the last parent. However, gift cards are generally looked at as "cash" and should be split between the two or returned to the parties who gave them the cards at Christmas. Unfortunately, unless they made other provisions or had separate life insurance to pay for their final expenses, then the cost of the final expenses should be paid out of any cash assets that they had at their death (with the balance to be distributed as the parents wished). In this situation, if the entire amount comes from the inheritance of one son and not the other, and the parents did not specifically state it should happen that way, then the son who pays the final expenses can sue the son who received the house and contents in probate court or civil court for the payment of half of the funeral expenses and final expenses.
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