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What is included as furniture in a will?

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S

ssb

Guest
If a will leaves all the furniture, clothes and jewelry to an heir, what is meant by furniture?

Does is include: oriental rugs?
an antique trunk?
a grandfather clock?
a mirror?

Thank you.
 


ALawyer

Senior Member
Often the phrase is "furniture and furnishings" -- and if the latter is not mentioned it is up for debate, and of course, dispute. I'd have to see the Will, but my sense is you'd be out of luck. It probably would not include the Piccaso or Monet....

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 
S

ssb

Guest
The specific phrase is "furniture, jewelry, and clothing". And we are the other heirs not the named person to get the furniture--so we were wondering about our leverage in getting the types of items I mentioned on the list.

If I interpret your answer correctly we do have an argument to make that the orientals, etc. are not "furniture". Is this correct?

I think the named beneficiary said that the word furniture does not include artwork or "anything on the walls." That is why I asked about mirrors.

Thank you.

Sally
 

ALawyer

Senior Member
Again, I'd have to see the entire Will and know the line of court decisions on specifics in your state.

As an outsider I would think it sure sounds as if the deceased intended to give all his non-financial assets, including "personal effects" to the named party. And courts often interpret Wills to give effect to the intent of the deceased.

As it is ambiguous I suggest you should acknowledge that and try to work things out amicably as this is a matter that will build resentment and ill will and could cost more in legal expenses than the property involved. It the stuff is valuable, get a local lawyer to advise you. If you are fighting over the proverbial pots and pans, grow up.

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This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 
S

ssb

Guest
sorry--we're not fighting. We just wanted to know if there was any legal definition of the word furniture in case any dispute incurs. We intend to work things out amicably, but having information does not hurt anything. Thank you for responding.

The will was written in Maine and we are in California.
 

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