recycbride said:
Please define the term "tangible personal property" as stated in a will: I give and bequeath to my son,----- -------, if he should survive me, all of the tangible personal property, such as clothing and jewelry (except cash, automobile, household goods and fixtures) which I may own at the time of my death. What would be considered household goods-other than the obvious such as furniture, fridge, oven, etc.? Are pieces of art work(paintings etc.) hanging on the wall tangible goods or household goods? Are nik-naks, such as hummels, llardro's, etc. tangible personal property or household goods? If art work, hummels, llardro's are considered/deemed household goods then what happens to them and other contents of the house when house is sold? Are they sold and $$$ go into the trust that was set up? Are they given to the son or other next of kin? This is a very sticky situation here--a response would be greatly appreciated. Thank you for any light you can shed on this matter and to my 2 previous questions today--Don't mean to be a pain but my son needs all the help he can get and fast before he winds up getting the shaft!!
My response:
It's anyone's guess, but if I had to proffer an opinion, I would hazard to say that "household goods" mean those tangible items that make a household "run"; e.g., a washer and dryer, an oven, a stove, vacuum, etc. I don't believe that a painting qualifies. Think of it this way : If the item were removed from the house, would the house be more difficult to operate on a day to day basis ?
Tangible personal items are, on the other hand, everything else in the house that you can feel, hold, touch - - e.g., books, paintings, furniture. A house can even operate without furniture; however, I can see how a person might define furniture as being "household goods" due to a loss of human comfort level and human "operation" of the house.
The testator of the will either, through puposeness, or ignorance, made the Will vague and ambiguous, obviously having their own definition in mind of what things constituted "household goods", but failed to convey that meaning in the Will. So, it is up to, perhaps, case law in your State, or the Soloman Sword of a judge as to what that definition should or could encompass.
Say "thanks a lot" to the Testator for making life difficult for the heirs and for making some attorney's pockets full at the expense of the Estate.
IAAL
