Legal Question in Wills and Trusts in California
auto sale
My Uncle's will leaves all ''personal property'' to my Mother. The remainder of the estate assets are divided between my Mother and two other individuals. My Uncle's car was just sold. Should the proceeds be totally given to my mother, under the personal property clause, or divided between her and the other heirs as stated in the will? In short, would the car considered as personal property under the Will?
2 Answers from Attorneys
Re: auto sale
Once sold it is no longer personal propertry but money.
Re: auto sale
Assuming your Uncle has already passed away and the car was sold after his passing, then the car could be considered personal property, depending on if there is a definition of personal property in the will and if the car is specifically mentioned in the will as going to someone else. If the car was sold prior to your uncle passing away, it is just money.
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