Legal Question in Wills and Trusts in New York
Contents of a house
Situation: the property and the contents of the house are left to one child and the residual wealth is split between 2 other siblings. Should a stock certificate found within the house be considered the property of the owner of the house, or should it be turned over to the estate and be split between the other 2 siblings? Thanks!
1 Answer from Attorneys
Re: Contents of a house
"Contents" traditionally mean furniture, furnishings, artwork, clothing, cookware, etc. The term does not usually refer to assets of the estate in general like bankbooks, stock certificates, insurance policies. There might even be a question about jewelry which is usually defined as personal property. If the Will is silent, the traditional meaning should apply. Whoever drew the Will may have created a problem if the language used was vague. Worst case scenario, if this is questioned, is to ask the Probate Court for instructions.
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