Legal Question in Wills and Trusts in Montana
Is there a difference between furniture and furnishings?
When my father died over a year ago, he left a will which allowed his girl friend to live in their Condo until she remarried or decided to sell the home. He also left her all the furniture in the home. My questions is, since many of the items in the home including oil paintings, antique cabinets and clocks, bronzes, etc. These are items that both my mother and father had prior to my mother's death, and are things that we want to keep in the family. His girlfriend feels that since they are in her home, they belong to her. What should we do, we have tried to talk to her, asking her to return only the items that belonged to both of our parents, and she has said no. Thank you.
1 Answer from Attorneys
Father's Will Is Up For Interpretation
Before interpreting any words or clauses under your father's Will, you should have the Will probated. Once the Will is probated, legal terminologies contained in the Will, specifically, who is entitled to what, can be determined. You say that your father has been dead for over one year. No mention is made about the probate of the Will. My best advice is to have the Will probated at the earliest time.
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