I recently read an article about Robin Williams’
estate and how the personal property like his suspenders from the “Mork and
Mindy” TV show or the Oscar from the movie “Good Will Hunting” will be
distributed. Many times it is the assets
with little to no value in the marketplace, but with a tremendous emotional
value to the family members that end up being fought about. I remember one family fought over the gravy
bowl because all of the children had such fond memories of mom’s cooking and
that bowl being passed around at every big family dinner. It is not uncommon for me to hear about one
family member going to the decedent’s house even before the funeral occurs, and
grabbing items way before everyone else.
Although we can never predict what your family will
really fight about, we can at least do some preventative measures. Here are some examples of what some of my
clients have done:
( 1) Ask! Some clients ask their children what are the
things in the house that have sentimental value to them. Then you can see if there are any items that
more than one child wants, and you can designate who you want it to go to.
( 2)
Sticker System – Some clients ask their
children to take colored sticker and put it under any item that they would
like. Yes, it’s possible to for the kids
to peel off stickers of their siblings but hopefully everyone will play by the
rules.
( 3)
Card System – Some clients put together a strategy
in their estate planning documents of how the personal property will be
distributed. They may have a deck of
cards, and each person would choose one.
They would then just go in order and pick things out one by one until
they have narrowed it down to things to put up for sale or to donate.
( 4) Estate
Planning Letter – We always encourage clients to
prepare a letter that may have some instructions on how best to distribute or
sell personal property. This includes a
list that is separate from the Will or Living Trust, but is incorporated in
such documents to be honored upon your death.
This list of who to give what items to can be changed as often as you
want, especially since we accumulate and get rid of assets throughout our
lifetime. The instructions should also
include the details of the assets and how best to sell them. For instance if you have a rare set of books,
coins, china, stamps or any other collection, your family may just sell them in
a garage sale, or on craigslist for far less than their true value.
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