Who owns the contents of my parent’s home at the time of their deaths?

My parents dies withi a week of each other. Their original Will from 13 years ago clearly stated that all property was to be divided among their 4 children, with me as the executrix. In later years, they placed their home and most of their available cash in my eldest sister’s name to avoid taxes. Upon their deaths, legally speaking, does not the home and all of its contents belong to her? My sister says the home is hers but the contents still belongs to the 4 of us.

Asked on July 29, 2012 under Estate Planning, Pennsylvania


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  It sounds here like your sister is more than willing to have the inside contents of the home designated as personal property of your parents, which it probably would be charachterized by the probate court.  Liken the situation to a rental apartment.  Some one else owns the property but not the content of the apartment.  Work things out here.  It will be for the best.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.