Legal Question in Wills and Trusts in California

My Mother passed away last week. there are 3 of us children. In my Moms will she left us all something. I received a tiger oak sideboard, and a curio cabinet. They both have things in them. if they're now mine, I also get what is in them right?

Asked on 5/02/13, 12:27 pm

3 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

If your mother did not specify that you were given what was inside the furniture you inherited, you are not entitled to what is in them. Those items are part of the remainder of the estate, to be divided as the will states.

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Answered on 5/03/13, 12:34 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Perry. You need to look at the terms of the will to determine how the "residue" is handled.

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Answered on 5/06/13, 3:40 pm
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

I am sorry for your loss.

Mr. Perry and Mr. Roach are both correct. If your mom's will does not specify that you are to receive the sideboard and the curio cabinet including their contents, then those contents belong to the estate. These would become part of the residue of the estate. The residue of an estate refers to any and all estate property that is not the subject of a specific bequest. In this case, the items you mom bequeathed to each of you are considered to be specific bequests. Your mom's will should specify how all distribution of the residue is to be made. In many instances, for example, such property is sold and the proceeds (after probate and estate administration) are equally divided among the beneficiaries.

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Answered on 5/07/13, 12:24 pm

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