Q: Does a ‘use and occupancy right’ in a will entitle the beneficiary to also maintain all items in the residence?
Or would the items be a part of the remaining trust property and be distributed to the beneficiaries of the trust? Items in question are furnishings, paintings, clothing, family photos and jewelry. There is no memorandum in the will with these items.
A: Your question is confusing, the "'use and occupancy right' in the will" and a reference to "trust property" implies that there may have been a testamentary trust established. The items within the residence that are not "fixtures" are governed by the will provision relating to personal property. Without more information as to how the will and potential trust distribute assets, that is all I can say. You should contact an attorney for a consultation in which you can explain the situation in more detail and, if possible, provide a copy of the trust/will instrument(s).
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
