Bequest of Cash: Real or Personal Property; Holographic Will

Bequest of Cash: Real or Personal Property; Holographic Will

My uncle passed away and left his home to my family, as well as all his personal property. He had hand written an addendum, had it witnessed and filed with his attorney stating that all his personal property was to be divided amongst his 15 nieces and nephews. Is money and bank accounts considered personal property?


Cash may be considered tangible personal property, or subject to a special rule. You need to have a probate attorney in your state confirm your state's law. For example, a collection of foreign or antique coins would certainly seem to be personal property. However, a special rule may apply to cash.

Your question also raises a second issue. Is the handwritten addendum valid? In some cases a will expressly states that personal property will be disposed of based on a separate list, and some state laws may recognize this. So a second issue you must confirm with a probate attorney is whether the handwritten letter has any legal validity. It may not. Then the provisions of the will and state law will have to be looked at to answer your question.

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