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How to Account For Tangible Personal Property in Your Trust or Will

This article provides a comprehensive guide for how physical belongings (tangible personal property) are distributed in the wealth.com documents

Physical belongings, called tangible personal property, can be distributed in several ways in the wealth.com documents. First, specific pieces of tangible property (such as items of jewelry, heirlooms, etc.,) can be gifted to specific recipients directly in the documents. Second, for all other tangible personal property, the default provision in the wealth.com documents groups all tangible personal property with all other residuary property.

Additionally, the Tangible Personal Property (TPP) List, also known as a personal property memorandum, is a separate document that can be incorporated by reference into a Will or Trust. It is specifically designed to distribute tangible personal property such as jewelry, furniture, artwork, and other physical objects. It cannot be used to distribute intangible assets like cash, bank accounts, stocks or bonds.

In a joint estate plan (e.g. Joint Revocable Trust), each spouse has their own TPP List when using wealth.com form. These lists operate independently and take effect upon the death of the respective spouse.

A TPP list can help resolve disputes over who will receive items and give family members heirlooms. However, a TPP list only works for physical items and won't allow you to direct who will inherit intangible property like bank accounts, stocks, and bonds.

How to Add Tangible Personal Property in the Wealth.com Document Workflow:

You can enter specific personal property gifts in the wealth.com Trust or Will document creation workflow, by following the below steps:

  1. Navigate to the Distributing Assets section in the workflow.

  2. Select Specific Gifts to begin entering details about the items you wish to distribute.

Depending on your state's laws, these gifts will either be written directly into the body of the Revocable Trust/Will document or generated as a separate TPP List. Regardless of whether a TPP List is enabled for a state, the gifts still get made and will be woven directly into the main Revocable Trust or Will document, depending on which is being drafted.

States with Stand-Alone TPP Lists:

  • Alaska

  • Arizona

  • Arkansas

  • California

  • Colorado

  • Delaware

  • Florida

  • Georgia

  • Hawaii

  • Idaho

  • Iowa

  • Indiana

  • Kansas

  • Maine

  • Massachusetts

  • Michigan

  • Minnesota

  • Missouri

  • Montana

  • Nebraska

  • Nevada

  • New Jersey

  • New Mexico

  • North Dakota

  • Oklahoma

  • Oregon

  • South Carolina

  • South Dakota

  • Tennessee

  • Utah

  • Virginia

  • Washington

  • Wyoming


FAQs

Can items be handwritten onto a blank TPP List?

Yes. Where states have a separate TPP List enabled, we provide a blank TPP List so items can be added at a later date if those gifts are not made in the document creation workflow. To make it official, simply write in the items, sign and date the list, and keep it stored with the original Will and Trust.

Should I sign the TPP List if I haven't added any items yet?

No. Do not sign or date the TPP List while it is blank. It is provided for future use; you should only sign and date it once you have listed the items you wish to distribute.

Can I create my own separate list instead of using the provided form?

While technically possible, we recommend using the provided TPP List. For a custom list to be legally binding, it must:

  1. Be signed and dated by you.

  2. Specifically reference your Trust by its full legal name.

  3. Be shared with your fiduciary within 60 days of your passing. Using our provided form ensures you meet these legal requirements without the risk of the list being rejected.

Why is a TPP List not available for my state?

If you do not see a TPP List option, it is likely because your state laws do not recognize separate lists as legally binding, or the requirements (such as needing multiple witnesses) are so complex that it is safer to include those gifts directly in your Trust or Will. In these cases, any gifts you enter in the "Specific Gifts" section will be woven directly into your main legal documents.

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