Leanna Hamill, author of Massachusetts Estate Planning and Elder Law blog, recounts a story about a woman who wanted to leave money to the Salvation Army in her will. She had an old will that left money to several nephews and nieces, some bank accounts naming a niece as a beneficiary and a long list of who her money should go to, including the Salvation Army. She never got around to seeing a lawyer to revise her will to include the Salvation Army. When she passed away, her nieces and nephews received money under the will and from her bank accounts, but there was no legally enforceable provision for the Salvation Army. Luckily, one of her nieces voluntarily made a donation to the Salvation Army.
I recently heard a similar story of a man who grew up in a small, rural community. His family had always been big supporters of their local church. He intended to leave a large sum to the church upon his death. However, he never drafted a will providing for the church. The result: his surviving spouse, who was stranger to the community, inherited all of his property, sold the family property and moved away. Not a penny went to the beloved community church.
Here in Louisiana, many families have a grandmother who has a list of items she wants to give to certain persons. For example, "the silver goes to Mary" and the "antique poster bed to Fred". However, the list outside of a properly drafted will is not legally enforceable. Sometimes the family will abide by the division of property in the list. But if they disagree and there is no will, the ownership of the property usually ends up being shared by those feuding family members.
It's not the thought or the jotted down list that counts; it's the properly drafted will. Put your plan in action by seeing an attorney for a will.
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