How to use a Personal Property Memorandum with your will

Idaho law provides a flexible mechanism for disposing of tangible personal property through a will by reference to a separate writing. This offers a practical tool for managing the distribution of personal items without needing to make frequent will through a lawyer. Often referred to as a Personal Property Memorandum, this separate document should be attached to your will, and needs to meet certain requirements. 

Core Provisions and Requirements 

The law allows a will to refer to a separate document that disposes of tangible personal property not otherwise specifically disposed of by the will. To be valid, the writing must meet several key requirements: 

1. The document must be signed by the testator (the person signing the will) or in the testator's handwriting 

2. It must describe the items and the intended recipients with reasonable certainty 

3. It can be prepared before or after the signing of the will  

4. It can be altered by the testator after its preparation 

Scope and Limitations 

Under Idaho law, a Personal Property Memorandum specifically applies to "tangible personal property" but cannot be used to direct what happens to: 

• Money 

• Evidence of indebtedness (loans, promissory notes, etc.) 

• Documents of title 

• Securities 

• Property used in a trade or business 

This limitation ensures the separate writing mechanism is used primarily for personal effects and household items rather than significant financial assets or business property. 

Practical Applications 

This option serves several important estate planning functions: 

Flexibility: Testators can modify their personal property distributions without formally amending their will, reducing legal costs and administrative burden. 

Privacy: The separate writing may not need to be publicly filed with the will, offering privacy regarding specific bequests of personal items. 

Family Harmony: It allows detailed distribution of sentimental items, potentially reducing family conflicts over personal possessions. 

Legal Effect 

The separate writing, while not technically part of the will, is given legal effect as if it were incorporated into the will when properly referenced. However, if the writing predates the will and isn't specifically referenced in the will, it may be ineffective. 

Best Practices 

To effectively utilize this provision, estate planners and testators should: 

1. Ensure the will specifically references the possibility of a separate writing 

2. Maintain clear documentation of any changes to the separate writing 

3. Keep the document with other important estate papers 

4. Update the list periodically to reflect current wishes 

5. Use specific descriptions to avoid confusion or disputes 

Practical Considerations 

While this provision offers significant flexibility, it should be used thoughtfully: 

Benefits: 

• Easier modification than formal will amendments 

• Can help avoid family disputes over personal items 

• Reduces estate planning costs 

• Allows for private distribution instructions 

Potential Issues: 

• Risk of loss or destruction of the separate document 

• Possibility of confusion if multiple versions exist 

• Need for clear identification of items and beneficiaries 

• Limited scope of covered property 

While not suitable for all assets, this option provides a valuable tool for managing the disposition of tangible personal items in a flexible and cost-effective manner. Understanding its requirements and limitations is essential for both estate planners and testators to effectively utilize this provision in their estate planning strategy. Our law firm is currently offering no cost consultations on estate planning and can help you determine if and how the Personal Property Memorandum tool might be useful to your family.   

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Robert J. Green is an Elder Law, Trust, Estate, Probate, & Guardianship Attorney and the owner of Kootenai Law Group, PLLC in Coeur d’Alene. If you have questions about estate planning, probates, wills, trusts, powers of attorney, guardianships, Medicaid planning, or VA Benefit planning, contact Robert at 208-765-6555, Robert@KootenaiLaw.com, or visit www.KootenaiLaw.com. 

This has been presented as general information and not as legal advice. Do not engage in legal decision-making without the advice of a competent attorney after discussion of your specific circumstances.