When a person inherits a house, is the furniture considered a part of the house?

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When a person inherits a house, is the furniture considered a part of the house?

My brother inherited our father’s house and and I inherited other property. However, I want to keep some pieces of furniture that belonged to our parents, but my brother insists that all the furniture is his and considered a part of the house. Is this true? I believe our father would want us to share the furniture, but furniture was not specifically mentioned in his will.

Asked on June 9, 2016 under Estate Planning, North Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The furniture is not a part of the house because it is not a fixture.  A fixture is something that is attached to the house that cannot be removed without causing damage to the house.  Since the furniture is not a fixture because it can be removed without causing damage and is not attached to the house, it is not part of the house.


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