To Gift Or Not?

[ImmerLernen]

Originally Posted by Dwatted Wabbit

I have lots of their family stuff. My wife's father's US funeral flag in the box, he was a WWII veteran. There are some craft items my wife made, the grandfather's WWII US Army Field Artillery ball cap, two dozen or more paintings my wife did during her painting period, numerous other items that will likely go to the landfill when I go toes up outta here.

For the veteran's items, I would urge you to try to donate them to a worthy cause. Maybe call a veteran's organization and ask for suggestions.

The rest of it? Well, it's your property, so keep, donate or dump away as you see fit. You sound like you have a good head on your shoulders and know better than to invite more interaction with those deadbeats.

My condolences on the loss of your wife.

[Parnassia]

Originally Posted by MGS4EVER

A living will/Trust just clarifies where the OP's estate goes. It doesn't mean that those people get anything. What it will do is prevent them from getting anything at all. Unless the OP doesn't care what happens to his estate when he passes, then yes why bother. If the OP DOES care, then he needs to get it legal. Then if the "yahoos" come after the estate, they can be referred to the lawyer and the lawyer can tell them they get nothing.

If the OP has more than $75,000 at his time of death and no will or trust, it will go to probate. That's expensive. Why put a survivor through that mess?

I understand what the intent of these documents is thanks very much. By "kicking the can down the road" I meant that any of his wife's tangible property our OP doesn't choose to keep or get rid of himself will continue to sit. In the OP's house, the attic, garage, in paid storage, whatever, for years (hopefully a pleasant number of them ) until that document is revised, or the responsibility for administering it passes to someone else. Making a final decision about where that stuff goes now would be my choice. No one who succeeds to the trust/will would need to deal with it in any manner. A cleaner break, truly over and done with.

As for whether or not the OP's estate might need to be probated, IIRC he didn't share what state he's a resident of. The law and rules that govern estates, trusts, and inheritance differ. That $75K limit you quoted may have no bearing on anything.

[LynnKrause1]

Kids, or young people do not want "stuff"...but they do want the "money". I would donate all that stuff and be done with it and them and move on with your life. You have put up with quite enough.

[luv4horses]

Is there a way your attorney could be your intermediary and deliver all of the items that are part of your wife's history (from before she married you) directly to the daughter? Do not give her anything from the past 24 yrs. unless it relates to the daughter's own father. There shouldn't be much more than a single box of papers and memorabilia from what you have said.

Having your attorney be the return address should make it obvious that you are not to be an obligated part of the daughter's future. The attorney can write an accompanying letter stating that you are choosing to give the included items to the daughter as part of her family legacy and that that completes your distribution of anything entrusted to your care by your marriage partner.

[notsothoreau]

I wouldn't bother. My stepson and his sister have had two years to go through the stuff in this house. They still haven't done it. I am not going to throw it out, but I no longer care about saving it for them. I gave them pictures and a few things as I thought of it. Since I am going to be moving, I am taking my stuff and the items I want. I'll leave the rest here for them to deal with. You don't owe her family anything.