Who Gets Grandma’s Cookie Jar

By Nancy R. Larson, Attorney

 

     “After my mom died there was only one thing that my sisters and I all wanted:  Grandma’s cookie jar.  It had a special place on the kitchen counter.  It brings back memories of a home filled with baking smells and love.”  Thus begins the discussion on who gets what when a loved one dies.  Deciding on how personal possessions will be passed from one generation to the next can be a delicate matter.  An item that holds special meaning for more than one person in a family may have little financial value but great sentimental value.

            The Christmas tree ornaments that your mother made when she was a girl or the old tools grandpa used in his shop are a link with the past that may have a preciousness that bears no relation to the appraised value.

            Your estate plan should direct the distribution of tangible personal property.  Tangible personal property includes non-titled personal possessions such as photographs, personal collections and memorabilia, furniture, appliances, jewelry, quilts, guns, tools, diaries, letters, pets, clothing, and so on.  Titled personal property has legal documentation as to ownership, such as a vehicle title for car or truck, or bank accounts and investment accounts.

            Wills and trusts are documents that can be used to direct how you want property distributed at your death.  Some wills and trusts do not specifically include any directions as to who should get what personal property or describe a plan on how to divide personal property. 

The distribution of personal property can create bad feelings in a family that usually gets along well.  Clear communication in your estate planning documents often results in the best inheritance of a harmonious family.

            Communicating your thoughts and wishes for who gets what is an important first step.  Encourage discussion about objects that are important to you and that you think may hold meaning for others. 

Consider making gifts of some personal property during your life and passing on the family history that is connected to your precious family items.  Local historical museums may be interested in receiving items of historical significance.  This could assure preservation of and display of the item for many years after you are gone.

Review your estate planning documents, and if your will or trust does not express your intentions on distributing personal property, seek the advice of an estate planning attorney and make decisions now about your untitled property before it is too late.             

For a more in depth discussion concerning passing on personal possessions, order “Who Gets Grandma’s Yellow Pie Plate”, by the University of Minnesota Extension Service at (800)876-8636.

 

Nancy R. Larson is an attorney with offices in Belleville and Mascoutah.  Her practice has an emphasis on intergenerational planning for estates and concerns of elders and their families.  She serves on the Elder Law Council Section of the Illinois Bar Association.  This article is for information only and is not to serve as legal advice.