Legal Question in Wills and Trusts in New York
personal effects vs. personal property
hello - personal property and personal effects appear to be defined differently. in a will that i am 1/4 distributee, it states all personal effects are to go to one of the other parties (which i don't dispute). in the papework titled petition for probate, which i am asked to sign at this time, it states all personal property to go to that same party, not diferentiating effects/property. i would like to know, if in fact, the definition of property and effects are different, and if they are, should i have the wording changed in the petition for probate. also, if this wording is different, am i entitled to ask for an appraisal of the property and am i entitled to my 1/4 share of that. thank you.
2 Answers from Attorneys
Re: personal effects vs. personal property
The actual words in the Will are most important because they will express the intentions of the testator. In the absence of the pertinent language it is impossible to venture an opinion.
Why not ask the lawyer who prepared the papers?
In the absence of clear language to the contrary, personal property would embace and include personal effects.
Re: personal effects vs. personal property
I agree with Mr. Nadel. You should have the will looked at by an attorney. It may contain a legal ambiguity, but without the document, I cannot tell you for sure.
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