Legal Question in Wills and Trusts in New York

Re: Contents of home

If the will does not contain language stating all of his personal property is to go to you, he should do a new will. If his will says 50% to you, and 25% to each of his sons, they wach will have the right to have 25% of the contents of the home.

Re: Contents of home

The Will disposes of the items of property owned individually by your husband. From what you say, the contents of the home owned by your husband will be divided 50% to you and 25% to each child.

A well drafted Will would avoid this problem.

The contents of the house which you own individually, of course, remain yours.

Re: Contents of home

The contents of the house constitute personal

property

Personal property passes outside the will

only to the extent it is non-probate assets

These are defined under the EPTL and varies

over time. Basically, it is still one car,

cash to the extent of $ 10,000 and $ 15,000 of

other items. To the extent that the value of

the collections and valuables exceed these amounts

the claim of the surviving spouse to these items

as exempt will be defeated and the will then

controls distribution, or, as presently stands,

divided 50%, 25%, 25%. Clearly, a revision is

in order.

You may call at 1-716-235-2560 to further discuss