How Small Gaps in Your Will Become Big Problems
Twelve years after my mom died, her jewelry still lives in my dad’s house. My sister and I each picked out the pieces we wanted, and I even used one of her rings as my engagement ring.
The rest was tucked away in her dresser drawer until my daughter, April, started exploring them this summer. April never met my mom, but when she wore her grandmother’s earrings to homecoming last weekend, it was like she’d found a way to connect with her.
Jewelry can be a bridge between generations. But in estate planning, it can also be the opposite: the spark that lights a family feud.
That’s exactly what April wanted to know when she asked me two great questions at dinner last week:
If you forget to list something in your Will, who gets it?
What happens if two people are named to receive the same item, like a piece of jewelry?
Here’s what you need to know, whether or not you’ve written your Will yet.
Tangible personal property can be a sentimental minefield. Tangible personal property is lawyer-speak for “stuff you can touch.” Think cars, furniture, artwork, heirlooms, handbags, and jewelry.
Value isn’t just about money. Your mom’s napkin holders or your dad’s watch may be priceless to one sibling and meaningless to another…or priceless to both! That’s why fights over “things” can be uglier than fights over money.
Good wills have a clause giving the executor the power to step in if beneficiaries can’t agree, sometimes even selling the item and splitting the proceeds. Without that clause, arguments can drag on for years.
Specific bequests are like sticky notes for your stuff. Specific bequests are when you say, “This ring goes to Sarah” or “$10,000 goes to my niece.” Clear enough, right? Not always.
Here’s where it goes wrong:
You own two diamond rings but only mention “my diamond ring.” Which one is it?
The person you named dies before you. Do their kids inherit instead? (In many states, yes, unless you specify otherwise.)
The result can leave multiple people with claims on the same item. That’s when the probate court judge gets involved, and suddenly your family is paying lawyers to sort out a problem worth less than the legal fees.
The residuary estate is your junk drawer with a purpose. The residuary estate is the “everything else” bucket. It catches the probate assets you didn’t specifically list in the “specific bequests” section of your Will or what didn’t exist when you wrote your Will.
Without a residuary clause, those assets fall into intestacy, meaning state law decides who inherits. In Tennessee, for example, that could mean one-third to your spouse and the rest split among your kids, regardless of your actual wishes.
You must have a residuary clause. Even if you think you’ve listed everything. Even if you’re “absolutely sure” you’ll never acquire more assets. Life has a way of surprising us and the probate court judge has no way of knowing the full scope of assets when your Will is admitted to probate.
Clarity matters. April’s questions get to the heart of why estate planning can go so wrong: a lack of clarity.
Forget to include a residuary clause? The state decides for you.
Name two people to receive one item? You’ve just created a court case.
Fail to describe property precisely? The executor is stuck in the middle.
The solution isn’t complicated; it requires careful drafting, good communication, and the courage to start the conversation. You don’t need to host a podcast to talk about this stuff at the dinner table. You just need to ask the questions.
Listen to the episode here:
