The little personal items can become big problems if not included in an estate plan.

An estate plan that only incudes major holdings such as real estate and money can exclude some important items that grow into problems as the New York Times points out in “When Dividing Assets, the Little Things Matter.”

The majority of assets, personal property items, are often dealt with simply by providing that they should be divided between various family members. A typical clause might state something like, “Everything else should be equally divided between my children and their descendents.”

The small items of tangible personal property are often the biggest source of disputes between family members. If multiple people want the same item, then they might fight about it. Parents of minor children instinctively know this.

No parent with two teenagers would bring home one iPad and tell the children to decide between themselves which one of them should have it exclusively. Adult children are not always all that different when they are told to decide between themselves who gets what.

For this reason it is important to spend some time thinking about items of tangible personal property when planning your estate. If you think certain items might be a source of contention, then you can direct who gets them beforehand. You can also suggest that family members take turns picking items or that they use some sort of service, such as software or a professional, to help divide things peacefully and equally.

An estate planning attorney could help guide you through your own unique situation in preparing a will.

Do You Need To Speak With An Attorney About Estate Planning?

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Philip J. Kavesh
Nationally recognized attorney helping clients with customized estate planning guidance for over 40 years.
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