Legal Question in Wills and Trusts in Illinois
Dad's will
My father's will states: ''I give all my personal and household
effects, automobiles, boats and collections, and any insurance policies thereon, to my daughter.'' In his vault he left several containers of valuable gold coins, probably worth about $30,000. My brother and I are fighting over them. I claim they were ''collections,'' and therefore, according to the will, they belong to me. My brother claims they were investments, and should be divided amongst the estate. Who is right?
2 Answers from Attorneys
Re: Dad's will
That's an interesting will construction question. It's not entirely possible to answer this definitively in the abstract. The ultimate issue, if it goes to court, will be to ascertain your father's intent. The entirety of the language of the will must be considered, and possibly outside evidence as well. Generally speaking, I would say that a coin collection would fall under personal effects, but I suppose I could imagine a scenario in which it might not. If you can't agree with your brother, you'll have to leave it up to the judge.
Re: Dad's will
Gold coins may very well be investments but in my opinion that is irrelevant. Coins are personalty, i.e. personal property. His will left them all to you. I don't think specifying "automobiles, boats and collections" limits "personal . . .effects". The point is, he left the personal property to you. Coins are personal property.
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