If my husband and I inherited his great aunt’s home when she passed last year, does that include the furniture in it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband and I inherited his great aunt’s home when she passed last year, does that include the furniture in it?
We have been living in it keeping it up for 3 years before this as we were the only ones that could afford and give the time to do so. My husband’s father was the executor of the estate and verbally told a relative over a year ago that she may have a desk that remains in the house. She came out twice over the past year but never made arrangements to take the desk. Does my husband and I have any rights to keep this desk after such time? I feel that she is dragging out this process to keep checking in on us and attempting to intimidate my husband’s family.
Asked on January 22, 2013 under Estate Planning, Massachusetts
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Did the great aunt have a will? It appears she did if your father-in-law was the executor. The executor has a fiduciary responsibility to the estate and to beneficiaries to make sure the will is executed properly and all who are beneficiaries or heirs get what is rightfully theirs (i.e., specific bequeth in the will to a particular beneficiary). If you inherited the house and there is no mention of any personal belongings in the will or there is no residuary clause, and no specific devise to this relative, everything is yours. If probate was opened, you need to verify it closed. If this person has not picked this up anymore, you need to indicate to the executor that his allowance of these harassing tactics is a violation of his fiduciary and legal responsiblity under the will and he needs to make this stop.
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.