Is it common to put certain household items in a will?

Question

I want to give certain family heirlooms to certain members of my family. Is it common to put that kind of stuff in a will or do people usually just let their wishes be known privately? My children don't like to talk about that stuff, but there are certain things I want to be passed down to each of them.

Christine Socrates · Answer

I always recommend putting these items in a will so there is no questions who these special items like heirlooms are to be distributed to.

Thomas Phipps · Answer

In Missouri, the will can leave personal property by referring to an attached list.  The list can be changed at any time.  If no list is attached, the executor will determine how to distribute the property.

Victor Waid · Answer

Yes, you can designate a specific item to a person, as long as the item is identifiable. However, you may want to consider an estate plan whereby a trust would be formed, and all of your assets specifically designated to whoever, and set forth in an exhibit list; sometime, it is wise to include pictures of the item in the exhibit list. Advise you seek a competent estate planning lawyer to assist you.

Norman Green · Answer

I think it is best to put it in a will, but many people don't put it in writing or do so only informally.

Christine James · Answer

You should ABSOLUTELY put these items in your will or at least in a writing attached to your will and signed and dated by you.

Dara J. Goldsmith · Answer

Most people use a list to accompany a Will so they may more freely update it without having to visit the attorney.  This information is only intended to give general information in response to an inquiry.  It does not establish an attorney client relationship.  This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.

James Frederick · Answer

It is always best to get this kind of thing in writing, so there are no misunderstandings about your intent. Having it written down may help to avoid fights between the beneficiaries over who gets what.

Robert Long · Answer

In California, these gifts are called specific bequests. Yes, it is common practice to put them in a will, and adds assurance your wishes will be followed. Be sure to indicate for gifts to residuary beneficiaries whether the gift counts toward their distributive share or is in addition to it. In close families with no conflict, it can be done informally, by simply leaving a list with the child in charge. But unless you are sure of it, the safer practice is to put it in the will.

Brian Haggerty · Answer

If it matters, put it in the Will. That way, it is enforceable. Telling people privately creates endless disputes among the family when you're gone. The very best thing to do is to give the heirlooms to the people who should have them. Do it now, do it at Thanksgiving dinner so everybody sees it happen. Then there will be no disputes.

Bernard H. Greenberg · Answer

Colorado allows the use of a Personal Property Memorandum that is referred to in the Will. This is a much more flexible tool than listing specific items in the Will.

Michele Ungvarsky · Answer

Placing specific bequests in a will avoids any confusion or conflict after your death.

Ben Liu · Answer

Put these wishes in a will or trust.

Thomas Edward Gates · Answer

You know longer need to put these items in a will.  Rather, the will refers to a Letter of Instruction for Personal Property,  This separate document, in your handwriting, identifies the individual and the item you wish this person to receive.  You can add or delete from the list at any time.  It does not require a witness of need to be notarized.

Aaron Goren · Answer

You can do it by a list that you can change as often as you want, without having to update your Will.  It is separate from your Will, but your Will must reference it.

Jayne Sebby · Answer

This issue comes up a lot.  There are a couple of options.  If the items are valuable, you may want to include them in your will.  If they are primarily emotionally valuable, you can make a list of who gets what and keep that with your will and other valuable papers.  Or you can attach a note on the back/bottom/inside of the item with directions as to who should inherit it.

Richard Keyes · Answer

In Missouri you can state in the will that you have prepared a list of items that you want to pass to certain people mentioned in the list. The language is usually as follows in the will:  if a list prepared, dated and signed by me prior to my death is found at my death which disposes of part or all of my tangible personal property, including all my jewelry, books, pictures, clothing, all articles of household or personal use and adornment, household furniture and effects, and automobiles which I may own at my death, those persons designated in such list shall be entitled to receive the property so listed.  Doing it this way allows you to change your mind without having to do a codicil to the will.

James Maguire · Answer

One solution is to gift those items while you are still living.   If they are items of great financial or sentimental value, distribute them   in your will, to avoid misunderstandings down the road.

John Brennan · Answer

There are various methods, see an attorney about the best way to meet your desires without probate.

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Is it common to put certain household items in a will?

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