Personal Property OR Property asset?

[Collins1078]

What is the name of your state? Kentucky

I'll keep this brief and as simple as possible.

Mr Smith dies and wills his personal property to Mr Jones and his home and farm to Mr Anderson.
An aboveground 1000gal Propane tank, that was owned by the deceased, was connected to the home and actively being used to heat the home.

Mr Jones who owns the personal property sold the tank.

Question: Is the tank personal property or does it stay with the land?

If I posted in an incorrect forum please advise.
Thanks for your time.

 

[tranquility]

You don't get to make it simple. You see, something which is affixed would be considered a fixture and, if the land were *SOLD* it would be assumed to go with the land. However, it is not the land, it is not the home, it is personal property.

There isn't a rule of thumb here. It would depend on what the will said exactly.

 

[FlyingRon]

Sometimes the tanks belong to the gas company.

 

[LindaP777]

Sounds like a "homework" question to me . . . We don't do homework!

 

[HomeGuru]

What is the name of your state? Kentucky

I'll keep this brief and as simple as possible.

Mr Smith dies and wills his personal property to Mr Jones and his home and farm to Mr Anderson.
An aboveground 1000gal Propane tank, that was owned by the deceased, was connected to the home and actively being used to heat the home.

Mr Jones who owns the personal property sold the tank.

Question: Is the tank personal property or does it stay with the land?

If I posted in an incorrect forum please advise.
Thanks for your time.

**A: what class is this for?

 

[Collins1078]

Homework question? lol
I'm actually a computer programmer...

I guess thats what I get for trying to simplify my question. It was Deja Vu though, a few months ago I was building an out building in the back yard and posted a question for calculating the roof pitch and got hammer by 3 heroes there as well...

I'll try again and put it in the scenerio it appears you desire from someone in KY.

Great Uncle Floyd left all them there great neices and great nephews his home and farm and left his personal property to his nephew Virgil. Then outsta nowhere Uncle Virgil disconnected and sold the 1000 gal tank.
Some of the cousins are messin' up a stink over Uncle Virgil up en selling it cause they figured it orta been theirs. Morgan figures Virgil has to either give the cousins the money or return the tank. The tank has a used value of approx 1200.00.

It seems to me that it is a rather simple question for someone with a entry level position in the legal field. I don't want any guesses though, I'm better at guessing than most.

An aboveground propane tank that was physically connected to the home via a copper supply line and in use is either personal property or it is not.

If there is a determining situation please ask the question and I'll post the answer.

FYI: The tank was not specifically noted in the will.

 

[tranquility]

Great Uncle Floyd left all them there great neices and great nephews his home and farm and left his personal property to his nephew Virgil.

I see. How about answering the question:

It would depend on what the will said exactly.

Since you prefer to insult the people who are giving free advice, I'm done. But, you can continue to try to find someone who will post what you want.

 

[Collins1078]

I see. How about answering the question:
Since you prefer to insult the people who are giving free advice, I'm done. But, you can continue to try to find someone who will post what you want.

I and most that post questions in the forums here are greatful for the advice they recieve, but giving a pompus reply that defends those who reply with a presumption that I'm a student fishing for home work answers is insulting and I think your in serious need of people skills.

Your first reply was the only reply I received that contained ANY thought what so ever; however, after I read it 13 times I still didn't understand what your answer was.

I certainly did not mean to make light of the free advice any professional may give, but I think everyone that comes here expects a professional answer and not the ramblings of a wanna be lawyer.

 

[CraigFL]

Sometimes the tanks belong to the gas company.

I'm with you! This may be a moot point because I've seen many a person sell a tank like this only to find out later when they tried to fill it that it was leased from a gas company.

But... if it was truly owned by the deceased, then I would say it was NOT personal property but part of the heating/utility system of the real property. If it was hard piped into the system and affixed to the property securely, it would even be further evidence to that. The only thing that would make it questionable is if it used flexible tubing with quick disconnects and it was on wheels...

 

[HomeGuru]

I and most that post questions in the forums here are greatful for the advice they recieve, but giving a pompus reply that defends those who reply with a presumption that I'm a student fishing for home work answers is insulting and I think your in serious need of people skills.

Your first reply was the only reply I received that contained ANY thought what so ever; however, after I read it 13 times I still didn't understand what your answer was.

I certainly did not mean to make light of the free advice any professional may give, but I think everyone that comes here expects a professional answer and not the ramblings of a wanna be lawyer.

**A: ok, have a nice day.

 

[Collins1078]

But... if it was truly owned by the deceased, then I would say it was NOT personal property but part of the heating/utility system of the real property. If it was hard piped into the system and affixed to the property securely, it would even be further evidence to that. The only thing that would make it questionable is if it used flexible tubing with quick disconnects and it was on wheels...

Yes the tank was owned by the deceased and not a rental.

The tank was sitting on a block foundation and was attached by a solid copper supply line and not a flexible appliance supply line or any type of disconnect; short of turning off the gas and using a wrench to disconnect the supply line. It does not have wheels.

...it was NOT personal property but part of the heating/utility system of the real property

My thoughts exactly! But I'm not fishing for an answer either way, it makes little difference to me, but it does to the other inheritors.

Thanks