Legal Question in Real Estate Law in Massachusetts

Gift Deed Transfers

A great uncle transfered the deed to his home to his neice while still living (by quitclaim deed). He continued to live there for several years. I wanted to check, does the contents of the house, the furniture, ect., the great uncles personal effects, pass to the trust (as originally designated) and is not part of the transfer of real property?


Asked on 8/15/08, 3:27 am

4 Answers from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Gift Deed Transfers

I think your question is whether the household furnishings get automatically transferred upon the sale/gift of the house. Household furnishings do not automatically pass with a home upon transfer, unless otherwise agreed to in some contract for sale.

In the event that no arrangements were made for the household belongings, they will pass according to your great uncle's will.

To be sure, you should bring your uncle's estate planning documents with you to an attorney to determine proper distribution of your great uncle's property.

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Answered on 8/15/08, 9:17 am
Herbert Cooper Law Offices of Jameson & Cooper

Re: Gift Deed Transfers

In general, tangible personal property ("stuff") is a separate probate asset from real property (land, and buildings). Absent a separate deed of conveyance of the personal property while the decedent is alive, personal property is generally considered (with certain exceptions) an asset of the probate estate, and controlled by the decedent's will. If the will "pours" personal property over into a trust, then the trust (actually, trustee) will hold the personal property according to the terms of the trust after the will has been probated.

If there is no will, it passes according to the laws of intestacy.

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Answered on 8/15/08, 10:06 am

Re: Gift Deed Transfers

The deed only transfers the real estate not the furnishings

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Answered on 8/15/08, 11:59 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Gift Deed Transfers

As a practical matter, the deed of a transfer may include such personal property/ But to the extent that he continued to live there, the personal property is retained by your uncle.

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Answered on 8/15/08, 8:36 pm


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