Legal Question in Wills and Trusts in California

Living Trust - difference btw cash & personal property

In a Living Trust all of the assets are

to be divided equally among all the

(adult) children. However, because

one of the children cannot receive

any cash, due to receiving

government assistance bc of a

disability, it has been decided to

appoint another person to accept

her share. (We are aware of the

pros & cons of this). The disabled

person is able to receive tangible

personal property. The wording in

the trust now reads that all of the

property shall be distributed equally

among the children (minus the name

of the disabled adult child and

adding the name of the substitute

recipient). It then states that all

''furniture and furnishings'' shall be

distributed equally among all the

children (which includes the disabled

one). Our question is: What exactly

is included under ''furniture and

furnishings''?

Does this also include personal

effects? If we want the disabled

child to inherit equally all items that

are not considered cash, is this

correct in how it should be worded?

Or should it also say ''and personal

effects'' or ''and tangible personal

property''? We want to make sure

she doesn't get left out.

Thank you for assistance.

1 Answer from Attorneys

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