Memorandums of Personal Property

When I was growing up, items in my grandparents’ house often had a piece of masking tape on the bottom with someone’s name.  This is how my grandmother kept up with who was getting what when she passed away.  Technically, the masking tape method is not enforceable under the law. 

However, Tennessee law does allow you to prepare a legally binding Memorandum of Personal Property listing items you want to gift to family or friends at your passing.  The Memorandum is a separate document prepared by you but goes hand in hand with your Will prepared by your lawyer.  The Memorandum must be signed and dated by you.  The Memorandum is not required and certainly is not necessary for every personal item, but is helpful for those items of particular significance which you want to go to someone special.  If a Memorandum is never prepared, personal property passes according to the general provisions of your Will or general Tennessee inheritance law (if you do not have a Will). If you choose to make a Memorandum, keep it with your original Will.  We have a simple Memorandum of Personal Property form that we provide to clients when we prepare their Will. If your will provides that you may leave a list of personal propery and you would like a copy of the form to follow, just let us know.  

Rebecca C. Blair