QUESTION

Should I include in my willl that my tangible property will be given to an executor?

Asked on Sep 26th, 2011 on Estate Planning - Arizona
More details to this question:
I would like to have my Executor distribute my tangible property from a list I keep updated separate from my Will. Should I state in the Will that I leave all tangible property to the Executor, to distribute as per the list? How would this be worded, and does it have to be attached to the Will when signed? I hope not, since it will change as I acquire/discard property.
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3 ANSWERS

Glen Edward Ashman
You cannot change your will by attachments. In fact you may void the will. There ARE some ways to address this that depend on details you omitted and they cannot be found in form books. You need a lawyer to properly draft what you want to do.
Answered on Oct 04th, 2011 at 3:09 PM

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Probate Attorney serving Las Vegas, NV
3 Awards
Estate planning is important and should be addressed and completed after meeting with an attorney who can asset you in implementing the plan that you choose. The questions that you ask are answered in Nevada statutes, but it is important to have a properly drawn Will. You may make a list but it must be properly reference in the Will, the Will must be validly drawn and executed and the List must be solely in your hand, not typed, dated and signed and clearly state that it is a list intended to accompany your Will and dispose of your personalty listed. The Will must clearly state that such a list may exist and that it is to be used to dispose of personal property and advise to whom the personally not listed will be distributed. If you are a senior citizen in Clark County and only need a simple Will you may want to contact the Senior Citizen Law Project to make an appointment. They assist seniors on a pro bono basis for Will preparation.
Answered on Sep 28th, 2011 at 12:14 PM

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Family Law Attorney serving Chandler, AZ
2 Awards
If you create a separate list of tangible property, including the recipient, then this list in effect becomes part of your will, so you wouldn't want to leave your property to the executor, you just want your executor to distribute the property according to the list. You can update your list as often as you need (it does not need to be witnesses or notarized, but it does need to be signed/dated, and the Will does have to reference the existence of the list). If you have anything on the list that you no longer own, then that "gift" is basically ignored.
Answered on Sep 28th, 2011 at 5:47 AM

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