Friday, 24 April 2015

I will soon be deceased. I have no valuable property, and only want to give to my daughter some sentimental items. If I pack these items (mo...

Question

I will soon be deceased. I have no valuable property, and only want to give to my daughter some sentimental items. If I pack these items (mostly Chrismas decorations) and put her name on them, can she simply take them?

If these items were in my car already addressed to her with postage on the boxes, would that work, as well?

Thank you.



Answer

No, that would not work, especially if someone else (like another sibling, or one of your creditors) made a claim to those items. The BEST way to give your daughter these items is to do it BEFORE you die as a gift. Wouldn't it be nice to see the expression on your daughter's face when she receives these items? If you don't want to give her these things until your death, I STRONGLY recommend that you have a will prepared by a lawyer and property executed (signed). It will not cost you very much money given that you don't have a lot of property and will ensure that your wishes about where your property goes upon your death are respected. Having a will created will also allow you to direct how you would like to be buried (or cremated or otherwise), where, etc.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******



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