Legal Question in Wills and Trusts in New York
If the house was left to me, does that include everything in it?
My grandmother has recently passed away, and before she died she told her second husband that he may reside in her apartment as long as he wishes. In her will it is stated that the apartment will go to my mother and the apartment is now under her name. When my mother went there to retrieve some items that had belonged to my grandmother, her husband said that she couldn't remove anything from the apartment as long as he is living in there. The items she wished to take were not purchased by him, nor does he have any use for them. Does he have the right to forbid my mother to take these items that have much sentimental value to her and hold absolutely no value to him?
1 Answer from Attorneys
Re: If the house was left to me, does that include everything in it?
The will should name the person entitled to receive her personal items. The mere fact that you are to receive the apartment does not per se entitle you to the contents of the apartment.
Moreover, unless the will provides that the husband may remain in the apartment, he has no right to continued occupancy. I suggest you consult an attorney.
Daniel Clement
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