If I was willed a barn and property when my father passed, do I own the car lift that is bolted into the barn or does that have to be sold with the estate?

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If I was willed a barn and property when my father passed, do I own the car lift that is bolted into the barn or does that have to be sold with the estate?

Everything else is going into the estate.

Asked on May 26, 2015 under Estate Planning, Florida

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

This is actually a real estate question. It has to do with the law surrounding "fixtures". A fixture, among other things,�is something that is meant to permanently affix to real property and thereby essentially become a part of it. If, on the other hand,�an item can be readily removed then it is considered to be personal property and therefore remains separate and apart from the realty. In your case, since the car lift was bolted to the floor, it would be considered to be a fixure and would be conveyed with the barn and property.


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