In my previous blog I wrote about disputes over personal items within families.  Frequently the cause of these disputes are poorly written Wills or Trusts or the failure to prepare a Will or Trust.  Many of these, even when there is a living trust, end up in the probate court.

In order to avoid difficulties, the first thing that needs to be done is to have a Living Trust or a Will prepared by a competent California estate planning attorney.  In your Will or Trust, be detailed and specific.  If you want the Barbie collection to go to your granddaughter Jessica, mention her by name.  Do not just say “granddaughter” because even though you might only have one at that time, you might have more than one at your death. 

Have at least one back-up (alternate) beneficiary for each item you are distributing pursuant to your Will or Trust.  Otherwise, technically it is part of the estate, and the executor or administrator will be responsible for its distribution.  People may be upset with his or her decision(s).

You may wish to set up a method for children or family members to select  those items that you do not want to give to a specific individuals.  Another way of going about it is to invite family input while you are living.  In other words have them make known to you what they want and what is most important to them.  Then in your Will or Trust, you bequeath based upon what you have been told.

In the event that it has been a while since you have reviewed your estate plan, including your will and/or your living trust, it makes sense to review it to make sure it is current with your situation.  If you have not done your estate plan yet, I would enjoy speaking to you about getting it started.  I can be reached at 310-391-1311.