By Minnesota law, a Minnesota resident can direct by a written list how remaining items of tangible personal property should be distributed to and among friends and family following death. Unlike a Will or a Revocable Trust (also called a Living Trust), such a written list does not need to be notarized or witnessed, but need only identify the item owned by you and the intended recipient. While you can always give away items of tangible personal property during lifetime, such a list allows you to keep certain items throughout your lifetime, and then be certain that the friend or family member you wish to receive the item will receive it following your death. In most instances, a client’s Will direct that any items of tangible personal property not listed on such lists will be distributed to and among certain individuals (e.g., spouse, children or certain friends or family members), so that you can use the list to direct the distribution of items to others besides this “class” of beneficiaries.
A list could look something like the following:
STATEMENT IDENTIFYING BEQUEST OF
TANGIBLE PERSONAL PROPERTY
I, JASON SMITH, by this written statement, do hereby leave the following items of tangible personal property to the following named devisees at the time of my death:
Father’s Watch | to | My nephew Johnny |
Mother’s Wedding Ring | to | My niece Sophie |
Family Bible | to | My nephew Joel |
This instrument has been prepared and signed by me this _______ day of ________________, 2018.
___________________________________
JASON SMITH