If in a Will I was left a house and all its contents and there is a car in the garage, is that mine also?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If in a Will I was left a house and all its contents and there is a car in the garage, is that mine also?
Asked on November 17, 2017 under Estate Planning, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
A car is not generally considered the "contents" of a house. That doesn't mean that it may not go to you, but if there are other provisions which leave it to someone else, it will go to that person. Only if there is nothing leaving it to another would it then go to you.
Example: if the will specifically leaves the car to "John Doe," John Doe gets it.
Or if there is a clause stating that "I leave my personal property to John Doe" or even "I leave the rest and residue of my estate to John Doe," John gets the car:
* a car is personal property, so this would be a more specific description or statement of who gets it (in interpreting wills and contracts, more specific terms or provisions overrule more general ones)
* as stated, a car is not generally considered "contents" of a house--the contents are generally fixtures and furniture--so with a provision saying that everything else ("rest and residue") goes to another, that would control.
But if there is nothing in the will directing the car to another person, then since it was at the house (in the garage), the default will be that it goes to the person getting the home.
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.