Who Get's Grandma's Yellow Pie Plate and Grandpa's Watch?

This is the fourth in a series of articles focusing on estate and legacy planning.

After a person’s death, the matter of dividing up their personal belongings can become a complicated matter. Just imagine going into the home of someone who has died. As a personal representative (PR) what do you do with all the person’s “stuff?” If the PR is lucky the deceased took advantage of a Montana Uniform Probate Code provision allowing a person to create a separate list specifying the distribution of personal belongings that may have emotional value such as jewelry, china, firearms, photos and more.

“The list cannot include cash, stocks and bonds, mutual funds, other intangible personal property, or real estate, because those items have titles,” said Marsha Goetting, MSU Extension family economics specialist. “The list is not a part of the will but separate from it. The list must identify both items and the persons to receive them with reasonable certainty.”

The list may be prepared before or after writing a will. You can handwrite it or type it. Sign and date the list. As you acquire new possessions, update the list. Keep the list with the will so your personal representative can easily find it and distribute your special treasures to intended recipients.

Madison County Extension agent Kaleena Miller suggests individuals who are ready to part with some items and give them to family members before death. She also suggests talking to relatives and find out which items hold special memories for them.

“Transferring personal property can be a time to celebrate your life, share memories and stories, and continue traditions and family history,” Miller said. “Sharing stories about special objects helps your family members understand their past, discover another aspect of their family and appreciate the real accomplishments of their ancestors.”

Miller and Goetting added that individuals should keep in mind the sentimental value of belongings may be different depending on the recipient’s age. For instance, a grandfather’s journal may not appeal to his youngest grandchild but it could be treasured by his granddaughter in her 40s.

For more information about the separate listing of tangible personal property request the MSU Extension MontGuide, Who Gets Grandma’s Yellow Pie Plate (https://store.msuextension.org/publications/FamilyFinancialManagement/MT199701HR.pdf).

For those who do not have computer access, copies are available from the Madison-Jefferson County Extension office at 287-3282.