Do you, your family, or your friends wonder who gets your "stuff" after you pass away? Not just the money, but the personal items—jewelry, heirlooms, collections, artworks, cars, furniture, clothing, knickknacks, tools, and garden items. Often, people mention creating a "List." Do you feel overwhelmed at the thought of making a list for your Will or Trust? Fortunately, in Washington, you do not need a completed Personal Effects List when you execute your estate planning documents.
So, what is a Personal Effects List? It is a separate document from your estate planning document. It is referenced in your primary estate planning document (like your Will or Living Trust) but isn’t actually part of it. This is where you write who gets your "stuff." For example, if you want "grandma's ring" to go to your daughter, Jane, you write, “Grandma's ring to my beloved daughter, Jane.” By making a Personal Effects List, you reduce the possibility of disputes among your beneficiaries because your wishes are clear.
If you decide to create a Personal Effects List, here are a few tips to help you. First, be detailed in your descriptions so your Personal Representative or Trustee knows exactly what item you mean. Don’t write, “The blue vase in the living room to Jill” if there are two blue vases there (one a tacky replica and the other a genuine Ming vase). Guess which one Jill thinks she’s getting? Second, including a picture of the item makes your Representative's or Trustee's job easier. It clarifies which item you intend for Jill. Third, use full names (and relationships) in your list. What if you know two Jills? Which one are you talking about—your best friend or the Jill from your carpool? Finally, include contact information for the people on your list, as your Representative or Trustee will need to locate them to distribute the items. Also, avoid using post-it notes instead of a proper list; the chances of someone swapping items are too high.
So, how much time do you have to complete your list? You have your entire life to work on it. You can change it as often as you want. To execute a new list, simply cross off the old one, create a new one, and sign and date it. You don’t need to see an attorney for changes to your Personal Effects List, but changes to your Will or Living Trust require legal advice.
If you want to learn more about using a Personal Effects List, contact Rehberg Law Group at (206) 246-8772 to schedule an appointment.
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