Going Beyond Legal Language with an Ethical Will
December 3, 2009
Estate and Legacy planning documents are often seen as difficult, and boring pieces of paper—which in some ways is exactly what they have to be in order to someday withstand tough legal scrutiny; but unless you’re an attorney who is practiced at reading the sentiment between the lines of dry legal jargon, these documents don’t make for sentimental family heirlooms. This is why some families and individuals are choosing to make (in addition to their legally binding estate planning documents) personal ethical wills to leave to their loved ones.
An ethical will can be anything from a letter to your children expressing your love and hope that they carry on your values, to a novella length memoir detailing your life experiences. But what about those people who don’t have the ability or inclination to articulate their thoughts in pen and ink? Well, more and more these people are turning to the camera and making their ethical wills on video.
A video will, as suggested by this article in the Wall Street Journal, is an unparalleled way to let the younger generation know about your feelings and values. “No matter how clear your memories of someone may be, if you have them on the screen in front of you, talking to you, there’s a qualitative difference.” And a video will, if made correctly in the presence of your estate planning attorney, might even have the added benefit of preventing disputes and bickering between your heirs later on.
What we like best about the idea of ethical or video wills is the personal touch. Although we work every day with the “dry and boring legal jargon”, we know that underneath all that an estate plan is about love and values—it’s about family. And an ethical or video will is a way to add a personal touch to the formal written Will or Trust, which is still necessary to meet legal requirements. So, consider doing both together to pass on, not only your assets, but also your values and hopes.
How to Leave Meaningful Mementos to the Next Generation
September 15, 2009
When clients come into our office to design their estate plans one of their biggest concerns is how to dispose of their tangible personal property. Sometimes clients spend more time determining how to dispose of these personal mementos than they do the big ticket items such as bank accounts, real property, and investments. This is completely understandable when you consider that it is these personal items that carry our history and our memories, and in many ways make up the fabric of our lives.
One of the questions we are often asked is if these personal items should be included in the will or trust or if there is an easier way to dispose of them. The answer is that although major items such as the crown jewels should be listed in your will or trust, smaller mementos such as a baseball card collection or grandma’s china (things that are not required to go through probate) can be listed on a much less intimidating document called a personal property memorandum.
A personal property memorandum is a written statement which lists your various tangible personal items along with the people who should receive these items upon your death. (Tangible personal items do NOT include bank accounts, stocks, money, securities, or trade or business properties.) The nice thing about the personal property memorandum is that you can edit and update it yourself, whereas any changes to a will or a trust should be made by a qualified attorney. You must, however, be sure that your will or trust refers to your personal property memorandum if you have one, to ensure that there is no confusion about distribution of property.
A personal property memorandum can be typed up, handwritten, or can be a standard template that you get from your attorney to fill out at home—so long as it clearly expresses your wishes and is signed and dated. It is best to store your personal property memorandum in a safe place with the rest of your estate planning documents; but if you find yourself making frequent changes to the document it can be kept at home, so long as your trustees or executor know where to find it if something happens to you.
For more information about how to leave personal property to your heirs please contact our office.
Preserving Your Grandparents’ Story
April 1, 2009
An estate planner’s office can feel a lot like it’s all about the logistics of death: who gets what and how, who gets to make decisions, where things are kept, etc. But at our office, we know that every estate plan is also about a personal or a family story, and we encourage our clients to include those stories with the other things they leave behind. Elderly people have so much life experience and wisdom to share (even if they don’t always consider it wisdom themselves), and most children or grandchildren—although they may not know how to ask—want to hear those stories.
Now there’s a book that helps teach you how to ask, and with the stories it contains helps the elderly learn how to share. It also teaches us just how valuable the wisdom of the elderly is, and how fun it can be to grow old gracefully. The book is How to Live: A Search for Wisdom from Old People (While They Are Still on This Earth) by Henry Alford. In it, Alford tells the story of his own search for wisdom and the interviews he conducted trying to find it; along the way he relates the sometimes funny, sometimes touching, but always enlightening stories of the elderly people he interviewed. Alford’s book is entertaining, but a reading of it will also teach you the tools you need to interview the elderly people in your own life.
When you sit down to create your estate plan, think not only about how to pass on your assets, but also how to pass on your unique family stories and wisdom. After all, the silver may go back to your great-great grandmother, but the story behind it is what makes it such a valuable family heirloom.
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