Legal Question in Wills and Trusts in New York

Life Tenancy

Life tenancy was provided in my fathers will to his 2nd wife which included the furnishings. She will not allow any of my fathers children to step foot on the property or to remove any personal belongings. Is there a difference between furnishings and personal belongings? Is the Executor legally able to remove personal belongings? There was no mention of these in the will.


Asked on 6/10/00, 7:27 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Life Tenancy

Furnishings is just what it says - furniture, fixtures, etc. It might include things like TV sets and the like, artwork, and even dishes and flatware, but would not include personal effects (jewelry, clothing and the like). The Executor is entitled to remove personal effects, and cannot be prevented from doing so, although he might need a Court Order if he is not granted access. I also suggest making an inventory of the furnishings on hand, so you are sure they remain after the premises are vacated.

Walter

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Answered on 7/31/00, 4:56 pm


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