Legal Question in Wills and Trusts in New York

My father passed away on 12/20/09 and left all to my mother. My mother passed suddenly on 1/29 and will stilll left all to my Dad, except, their home which they left to youngest brother and myself.

Does that mean just the dwelling and not the contents or do contents need to be distributed and sold and proceeds distributed through the estate?

It would not be alot of $ maybe $5,000.00, but, do I have to sell off their belongings or does house mean house and contents if not otherwise stated?

Please let me know,

I'm in NY

Jill E


Asked on 2/18/10, 1:35 pm

2 Answers from Attorneys
Locksley Wade Law Office of Locksley O. Wade

The "house" means the building alone unless the Will stated the "house and its contents."

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Answered on 2/25/10, 6:22 am
Walter LeVine Walter D. LeVine, Esq.

I agree. If the Will is silent, it only refers to the house, not its contents. Since two of the children are already getting the house, it may be easy to allocate the contents between all heirs, or work out that some get cash equivalent and others get the actual contents.

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Answered on 3/02/10, 9:20 am


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