Careers

Experiences

Industries

Offices

Our Firm

Pages

Our People

Updates

Practices

Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

“Money is easy to divide. Stuff isn’t.” This is a common refrain from estate planning attorneys who have seen their share of disputes involving a decedent’s personal belongings. Personal property includes items like household furnishings, art, photographs, books, jewelry, tools, boats and vehicles.

contentpilot/introduction

Unfortunately, many of these cases end up costing the estate far more than the disputed items are worth. The wooden spoon that mom always used to make her famous pumpkin pie, perhaps worth $5.00 at best, is now being fought over by three children and costing the estate thousands.&nbsp;

core/paragraph

What begins the dispute? “Mom always told me I could have....” Without a written direction, those “promises” are unenforceable. Fortunately, Michigan allows for a legal disposition of tangible personal property with two very simple requirements:&nbsp;

core/list

<strong><a href="https://www.wnj.com/wp-content/uploads/2022/04/Personal-Property-Listing.pdf" target="_blank" rel="noreferrer noopener">We have included a sample personal property listing document in this newsletter edition</a></strong>. The items can be described any way you wish, as long as they are identifiable by the individual handling your estate. Once completed, the original should be filed with your will. As with all estate planning documents, this listing should be updated regularly. 

core/heading

Are there items on your list that have significant value? If so, should there&nbsp;be an offset to the other beneficiaries for this value?

How is the remainder of your personal property to be handled? Here are a few ways to handle the division of the remaining personal property:

If there are items you want a particular person to have, or that you have agreed to leave someone, prepare a list. Ask your children if they would like anything specific. If you, as a child or other heir, desire an item for sentimental or other reasons, be sure to speak up! Even though the conversation may seem difficult, it can eliminate headaches, heartaches and expenses. 

Senior Counsel

Karen L. Kayes

Trusts and Estates

How Planning for the Division of Personal Property  May Prevent Family Disputes

Warner Norcross + Judd LLP is responsible for the contents of our advertising and this website. Please read our full <a href="/privacy-policy/" aria-label="see privacy policy">privacy policy</a> available on our website. If you have any questions or comments about our website or our Privacy Policy please contact us at <a href="mailto:info@wnj.com">info@wnj.com</a> or 616.752.2000. 

How Planning for the Division of Personal Property May Prevent Family Disputes

professionals