Estate Planning and Tax Lawyer Blog

When I talk about “your stuff” I’m talking about jewelry, furniture, clothing, family heirlooms and collectibles. A lot of times it is this stuff that brings about hard feelings and arguments upon death.

One way is to give it away while you are alive. I have had family members give me family heirlooms while they are alive so that they know that I actually get the item. For instance, my grandfather gave me a retired police badge from my great-great uncle. He wanted to make sure I received it since I am in the law field.

Another way to pass “your stuff” is through a letter stating what item(s) go to whom. Florida Statute 732.515 allows you to pass your personal property through a writing that is signed. The best part about this is that you may change the letter as many times as you’d like without the need of any witnesses or notaries. I have a client who modifies her list every year after the holidays based upon who called her and how long they talked.

An important thing to remember though is that in order for the letter to pass “your stuff”, the letter must be referenced in your Will or trust. Without any reference in your estate planning document to the letter, “your stuff” will pass according to your residual clause in the document.

One last bit of information in regards to passing “your stuff”. As I stated above, it is the stuff that usually causes arguments among family members. One way to avoid this is to have your beneficiaries let you know what they may want should something happen to you. Next time your family gets together, give each person a different set of colored sticky notes and have them go throughout the house and put sticky notes on items they may want. Where multiple sticky notes exist, you will know to deal with those items so it is clear who is getting what.