If our best friends Will stated that “all the articles in the garage were to be left to (us)”, but didn’t specify the vehicles, should they be ours?

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If our best friends Will stated that “all the articles in the garage were to be left to (us)”, but didn’t specify the vehicles, should they be ours?

Asked on August 24, 2011 Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A will speaks at the time of a person's death, not before. Under the facts in your question, if you were given in a friend's last will and testamant "all articles in the garage," you would be entitled to all the items left in the garage of your deceased friend at the time of death be it cars, tools and the like in that the items bequethed could be reasonably ascertained provided the location of the garage designated in the will is specified.

A car under the definition of the word "article" could be reasonably deemed an "article." If the will of the deceased person does not specifically state the gift of any vehicles to anyone, then you have a very good case for claiming the vehicles in the garage. However, of the will gives away the vehicles in the garage to someone else, the specific gift of the vehicles to someone other than you would control.

Good question.


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