WILL DRAFTING TIPS or The Devil is in the Details

When preparing a Last Will, the detail that is frequently overlooked is the specific designation of personal property to loved ones.

A child’s biggest heartbreak occurs when mom or dad fails to bequeath an item of great sentimental value to the child. We are talking about pictures, books, a piece of furniture, etc. Often, this is an item of little or no value to a stepmother or stepfather.

The law states that the surviving spouse (husband or wife) is entitled to all household property in the marital home. It is not uncommon for spouses of second marriages to be indifferent to the personal property requests of children from the first marriage. I strongly suggest parents and children discuss desires and claims for personal property prior to the preparation of a Last Will. Parents should include these items in their Will or at the very least, mention that a codicil to the Will will be prepared and attached to the Last Will at a future date. 

Communication with family members is key to a peaceful transition. For any assistance in this regard, please contact Jeffrey Weinstein Estates Attorney, on 212-693-3737

For any assistance in this regard, please contact Jeffrey Weinstein Estate Attorney, at 212-693-3737