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Old 12-22-2011, 12:42 PM
 
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My Father's will contained his home, and then a paragraph that broadly defined "the rest of his property" excluding financial accounts. These accounts were not listed, or mentioned, in the will.
The section that speaks to personal property, uses a wide range of terms to describe "everything" beside the real estate.
Would a non published book be considered as personal property, just like everything else in the house?
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Old 12-22-2011, 03:14 PM
 
Location: Keosauqua, Iowa
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Yes.
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Old 12-22-2011, 04:53 PM
 
Location: Boise, ID
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I'd actually go with "Maybe"

The physical book itself is possibly personal property, but if it was a book that your father had written, the information written in the book would probably be classified as "Intellectual Property", rather than "Personal Property".

So if someone else was willed his Intellectual Property, you may (and I stress "may") be entitled to the physical book, but have no right to do anything with it.

If the will just said Person X gets the house and Person Y gets all the property, then Person Y should get the book.

Note: I am not an attorney, and this should not be taken for legal advice. Ask the estate attorney handling the will.
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Old 12-23-2011, 08:00 AM
 
Location: Keosauqua, Iowa
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A book would be considered intellectual property after the death of the author only if it had been copywrighted, patented, trademarked, or otherwise protected as the property of the writer.

And even if it has been it would still be lumped in with personal property when the estate is settled if no other arrangements had been made prior to the author's death.
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Old 12-23-2011, 09:51 AM
 
Location: Baltimore, MD
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Personal property is all property that is not real property. Real property is land and buildings attached to the land, etc.

There is both tangible and intangible personal property. Tangible personal property is property that you can touch, for example, a chair, a watch, an IPod. Examples of intangible personal property include trademarks, copyrights, etc.

Last edited by lenora; 12-23-2011 at 09:52 AM.. Reason: typo
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