Specific gifts are distributed after your debts, expenses, and taxes are paid, but before the remainder (residual estate) is divided among your beneficiaries. While usually a small portion of an estate, multiple specific gifts can significantly reduce what is left for your primary residual beneficiaries.
How to Add a Specific Gift in the Workflow
Navigate to the Distributing Assets Panel: Within your document workflow, select Specific Gifts and click Yes.
Add an Asset: On the Gifts & Recipients page, click + Add Gift or click inside the Select or Create Asset box. You can search for an existing asset or click Create Asset to add a new one (e.g., jewelry, a vehicle, or real estate).
For Cash: Click the three-dot menu (⋮) next to "Enter Cash Amount," select Edit, enter the amount, and click the green checkmark.
For Assets (Real Estate/Objects): Search your saved assets or click + Create Asset.
Assign a Beneficiary: Click Add Primary Beneficiary. You also have the option to add a Contingent Beneficiary in case the primary recipient passes away.
Note: Gifts can only be assigned to one primary beneficiary at a time.
Review: Once you are done drafting, navigate to the Review Panel to review your selections. Generate the PDF version of the document before exiting the workflow.
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FAQs
Can I gift real estate to multiple beneficiaries as a specific gift?
No. The platform allows one person per specific gift and does not permit gifting real estate to multiple beneficiaries within a single specific gift.
On the platform, we don't allow real estate to be passed to two or more beneficiaries for a few reasons — mainly because it sets up the beneficiaries for a lot of conflict. For example: if one beneficiary ends up using the property more than the other, all beneficiaries are legally expected to pitch in for the expenses along with their respective shares. And then, if a beneficiary stops paying their share of the expenses, the other beneficiaries are all on the hook for the combined expenses without much of a way to "disinherit" the non-paying beneficiary. It sets up families for a lot of problems down the road. For this reason, we recommend that the person hear the advice of an attorney if they want to split it between two individuals specifically.
When will my beneficiary actually receive the gift?
The timing depends on the type of gift and your trust structure:
Personal Objects (Jewelry, Cars, Art): These are distributed immediately upon your death, regardless of whether you have a surviving spouse.
Cash and Real Estate: In most joint or spousal trusts, these gifts are only distributed after both spouses have passed away. This ensures the surviving spouse has access to primary financial assets during their lifetime.
What happens if a beneficiary passes away before me?
If you named a Contingent Beneficiary, the gift goes to them. If no contingent is named, the gift "lapses," meaning the asset returns to the "residue" of your estate and is distributed along with your other general assets.
Can I add "stipulations" for gifts (e.g., "Only if they finish college")?
No. Our platform does not support behavioral requirements for gifts. Adding "strings" to a gift requires complex legal language and an ongoing trustee to monitor the beneficiary. Without this, stipulations can lead to "will challenges" or litigation. For example, conditions that violate public policy—such as requiring a beneficiary to marry within a specific race or religion—are generally unenforceable in court.
Can I use a separate "Personal Property Memo" outside of the Will?
In many states, you can keep a separate, signed list for tangible items like furniture or jewelry. However, since laws vary by state, this option isn't available in every plan. If you have a long list of specific heirlooms, we recommend consulting an attorney to ensure your list is legally binding in your jurisdiction.
In a Joint Trust, can I leave cash to someone so my spouse doesn't get it first?
Our standard Joint Trust workflow prioritizes the surviving spouse's financial security. Therefore, cash and real estate gifts are typically deferred until the second death. Only tangible personal objects move at the first death. If you need to move large cash sums immediately upon the first death, an attorney consultation is required to draft a custom Marital Trust provision.