How to Use a Personal Property Letter – 3 Tips
May 23, 2012 By Law Office of Michael Robinson, P.C.
When you create your Last Will and Testament you want to make sure the document addresses all the “big questions” about your estate such as who receives your real estate and how you divide your large assets. For the small stuff, the personal items such as your family heirlooms and photographs, you can often address this transfer by creating a personal property distribution letter. Here are three tips to help you create such a letter.
Tip 1: Make sure your Will allows for it.
Talk to your lawyer to make sure your state allows for the use of such letters, and if so, make sure your will have specific clauses that address the letter. The clauses should state that you can include the letter with the Will as well as make provisions for what happens if there is no letter or if you leave some property out of your letter.
Tip 2: Make sure you sign and date the letter.
You do not have to have your personal property letter witnessed by others, but you do have to sign it and you should also date it. If you create multiple letters, or change the terms of letters, make sure you destroy the previous copy and state that the newest copy represents your wishes.
Tip 3: Allow for family disputes.
Some people choose to allow family members to take the personal property they want. However, if your family cannot agree, you should make a provision that allows your estate executor to sell the property and divide cash between your heirs.
ABOUT THE AUTHOR: Michael Robinson
Experienced estate planning attorneys Naples NY of the Law Office of Michael Robinson P.C. offers estate planning and business planning resources to residents of Naples NY.
Copyright Law Office of Michael Robinson, P.C.
More information about Law Office of Michael Robinson, P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
Talk to your lawyer to make sure your state allows for the use of such letters, and if so, make sure your will have specific clauses that address the letter. The clauses should state that you can include the letter with the Will as well as make provisions for what happens if there is no letter or if you leave some property out of your letter.
Tip 2: Make sure you sign and date the letter.
You do not have to have your personal property letter witnessed by others, but you do have to sign it and you should also date it. If you create multiple letters, or change the terms of letters, make sure you destroy the previous copy and state that the newest copy represents your wishes.
Tip 3: Allow for family disputes.
Some people choose to allow family members to take the personal property they want. However, if your family cannot agree, you should make a provision that allows your estate executor to sell the property and divide cash between your heirs.
ABOUT THE AUTHOR: Michael Robinson
Experienced estate planning attorneys Naples NY of the Law Office of Michael Robinson P.C. offers estate planning and business planning resources to residents of Naples NY.
Copyright Law Office of Michael Robinson, P.C.
More information about Law Office of Michael Robinson, P.C.
View all articles published by Law Office of Michael Robinson, P.C.
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
