Lunenburg, MA asked in Estate Planning for Massachusetts

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.

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1 Lawyer Answer
Frederick Lewis Stoker III
Frederick Lewis Stoker III
  • Estate Planning Lawyer
  • Los Angeles, CA
  • Licensed in Massachusetts

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).

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