Shrewsbury, MA asked in Real Estate Law for Massachusetts

Q: My father had 2 properties and his will designated that my sister was to receive property A and I received property B.

He also had 2 classic cars, but the Probate Atty says that my sister gets them because they were parked in the garage of property a and the will lists that we receive the property and it's contents. Is this correct. If my Dad had died in the winter months, the cars wouldve been parked in the driveway of the house I received in the will?

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1 Lawyer Answer
Christopher Tolley
Christopher Tolley
  • Boston, MA
  • Licensed in Massachusetts

A: Normally courts give effect to written instruments according to their terms. The will said your sister receives Property A with its contents. Nothing you have said leads to the conclusion that your father had any other intention. Perhaps your father intended for your sister to receive the vehicles. I suggest you retain your own attorney and give him/ her copies of all relevant documents for a determination as to your rights.

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