Legal Question in Wills and Trusts in Massachusetts
My mother's will states that "all furniture and jewelry" should go to my sister. I have no issue with this, but she took everything in the house. This included expensive purses, figurines, China, paintings, etc. Il might understand if the will stated "furnishings", but it does not. Might I legally claim rights to some of these things.
1 Answer from Attorneys
It depends on the surrounding language. Without reading the entire Will it is tough to say. Typically a Will would state something like "all my personal tangible property to my daughter, including but not limited to all furniture and jewelry" which would include everything not nailed down, or not classified as tangible personal property (like cash or cash equivalents). If the Will states "all my personal tangible property shall be divided equally among my children and my daughter shall receive all of my furniture and jewelry" then you might have some legal standing. It really turns on "who is stated to receive other tangible personal property," if certain elements of personal property are not described at all, they would be distributed per the remainder beneficiaries "all the rest, residue and remainder of my estate to my children equally."
So in short: Yes, you might, and perhaps you can't. Need to read the whole Will to tell you.
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Type Your Question Here... Asked 10/30/15, 6:55 am in United States Massachusetts Probate, Trusts, Wills & Estates