Who gets the furniture/items in the house after a person’s death if the Will is not clear?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who gets the furniture/items in the house after a person’s death if the Will is not clear?

My grandparents passed last year. About 4 years ago they had my mom placed on the deed to their home/property (at their death). They also had a Will that states that my aunt and uncle are to split the money and personal property listed in the Will. However there is nothing listed in the Will as personal property. The only personal property in my granddad’s name at his death was his car and money. So the day after his funeral, my aunt went into the home and took all the items out (including the appliances). Was she supposed to do or did those items belong to my mom? My aunt is over my grandad’s estate.

Asked on February 9, 2012 under Estate Planning, South Carolina

Answers:

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

Answered 12 years ago | Contributor

I am so sorry for your loss.  Generally, personal items do not have to be listed specifically in the Will unless say a person wants to give a specific piece of jewelry to some one. So everything would count.  Now the tricky part here is that your Mom was listed on the deed and I am assuming with "rights of survivorship" so the contents of the house may be hers.  She needs to speak with a lawyer in your area who can look at all the documents involved.  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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption