Should I include in my willl that my tangible property will be given to an executor? 5 Answers as of October 04, 2011

I would like to have my Executor distribute my tangible property from a list I keep updated separate from my Will. Should I state in the Will that I leave all tangible property to the Executor, to distribute as per the list? How would this be worded, and does it have to be attached to the Will when signed? I hope not, since it will change as I acquire/discard property.

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Ashman Law Office
Ashman Law Office | Glen Edward Ashman
You cannot change your will by attachments. In fact you may void the will. There ARE some ways to address this that depend on details you omitted and they cannot be found in form books. You need a lawyer to properly draft what you want to do.
Answer Applies to: Georgia
Replied: 10/4/2011
The Law Offices of Laurie E. Ohall, P.A.
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
It sounds to me like you are trying to prepare a Will using a form or online? If you are going to an attorney, the attorney will know how to word the tangible property issues correctly. You do not want to leave your tangible property outright to the executor, as that is the person that will be entitled to the property. You can direct that the executor has the right to decide who gets what, but again, your attorney should know the proper way to word it in your Will.
Answer Applies to: Florida
Replied: 9/28/2011
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Estate planning is important and should be addressed and completed after meeting with an attorney who can asset you in implementing the plan that you choose. The questions that you ask are answered in Nevada statutes, but it is important to have a properly drawn Will. You may make a list but it must be properly reference in the Will, the Will must be validly drawn and executed and the List must be solely in your hand, not typed, dated and signed and clearly state that it is a list intended to accompany your Will and dispose of your personalty listed. The Will must clearly state that such a list may exist and that it is to be used to dispose of personal property and advise to whom the personally not listed will be distributed. If you are a senior citizen in Clark County and only need a simple Will you may want to contact the Senior Citizen Law Project to make an appointment. They assist seniors on a pro bono basis for Will preparation.
Answer Applies to: Nevada
Replied: 9/28/2011
The Merna Law Group, PC
The Merna Law Group, PC | John G. Merna
What you are asking is very tricky. The way you are stating it makes it sound like the "executor" would be the beneficiary of the tangible property. I highly recommend you contact an attorney to have the will executed properly to insure your wishes are fulfilled. There are inexpensive attorneys that offer uncomplicated wills throughout your area.
Answer Applies to: Virginia
Replied: 9/28/2011
Donaldson Stewart, PC
Donaldson Stewart, PC | Monica H. Donaldson Stewart
If you create a separate list of tangible property, including the recipient, then this list in effect becomes part of your will, so you wouldn't want to leave your property to the executor, you just want your executor to distribute the property according to the list. You can update your list as often as you need (it does not need to be witnesses or notarized, but it does need to be signed/dated, and the Will does have to reference the existence of the list). If you have anything on the list that you no longer own, then that "gift" is basically ignored.
Answer Applies to: Arizona
Replied: 9/28/2011
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