Legal Question in Wills and Trusts in California

Wills

Does the following verbage in a will include cash in bank accounts, ''It is my wish that the balance of my possessions personal and effects be given to my Executor to be kept by him, distributed or sold as he decides.''


Asked on 5/18/07, 12:33 am

1 Answer from Attorneys

Jeb Burton The Burton Law Firm

Re: Wills

It does appear so, "possessions personal and effects" generally is construed to mean personal property, of which bank accounts fall under. I would add that this sounds like a remainder clause, meaning that the beneficiary of this clause gets what�s left over in the personal property after everything else is dispersed (specific gifts). There is a chance that somewhere else in the will the proceeds of the bank accounts were allocated to a separate beneficiary, or else another complication might exist. The problem is that wills are intended to be read as a document, not as specific clauses, and posting one section of the will cannot give us an adequate idea of what the disposition of the will is.

So to sum things up, it sounds like yes it would include the bank accounts, but there is no way for me to tell you for sure without looking at the will.

So to sum things up, it sounds like yes it would include the bank accounts, but there is no way for me to tell you for sure without looking at the will.

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Answered on 5/18/07, 1:09 pm


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