
Wills often state a provision such as “My Personal
Representative (or Executor) shall distribute my tangible personal property
equally among my children.” Although the Testator has the right intent, such a
provision may lead to conflicts within a family, as certain tangible personal
items have different sentimental and sometimes monetary values to each
child.
While it is certainly possible that all the
beneficiaries amicably divide a parent’s personal items equally, it is not
realistic to rely on them to divide the items without any disagreement.
Florida is a state which allows for people to plan
for this by using a Personal Property Memorandum (PPM). A PPM is a separate
writing in which you can itemize and dispose of personal property as you
desire, even after the creation of your will. In order for a PPM to be valid
the following requirements must be satisfied: 1) Your Will must specifically reference
the fact that you are disposing of tangible personal items by a separate list;
2) You must sign and date the PPM (it does not need to be witnessed); and 3)
You must clearly describe the personal property and beneficiary for each item
you wish to distribute in the PPM. It
is recommended that you also attach pictures to avoid confusion.

A PPM is an imperative estate planning tool because
it can be extremely effective in ensuring that your dispositive intentions are
in alignment with the actual distributions of your personal property upon your
death. Additionally, it can avoid confrontation over personal items between
family members during a highly emotional time period.
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