Grandma’s Teacups and Dad’s Guitar: Why Sentimental Stuff Needs to Be in Your Estate Plan

At The Soto Law Office, we’ve seen firsthand how the most emotional estate disputes aren't always about money. Instead, families often end up in drawn out, costly disagreements over items that may hold very little monetary value but immense sentimental value.

A family heirloom, a grandmother’s china set, a father’s old guitar, or even a handwritten recipe book can quickly become the source of unexpected conflict. Unfortunately, when these cherished items aren’t clearly accounted for in an estate plan, the resulting stress can fracture even the closest of families.

Florida Law and Personal Property Memorandums

Florida law offers a practical and effective solution: you can use a separate writing, commonly called a personal property memorandum, to distribute your tangible personal property items. Under Florida Statutes § 732.515, a will may reference a separate written statement or list to dispose of items other than money and real estate like furniture, jewelry, or keepsakes.

This personal property list can be created before or after the execution of your will, as long as:

• Your will specifically refers to the written statement or list.

• The list is signed by you, the testator.

• The items and recipients are described with reasonable certainty.

This is a powerful tool that allows for flexibility. You can easily update the list without needing to execute a brand new will every time you want to change who receives Grandma’s teacups or your autographed baseball glove.

A Florida Example

Let’s say David, a Maitland resident, creates a valid will that includes the following sentence:

"I may leave a separate written list disposing of my tangible personal property not otherwise mentioned in this will, in accordance with Florida law."

Later, he signs a document that says:

"I leave my classic vinyl record collection to my niece, Lily Sanchez."

As long as David signs the list and his will references it, that specific gift to Lily is enforceable even if the vinyls don’t have a high market value, they may have meant the world to both of them.

What Happens if a Recipient Passes Away?

Florida law doesn’t provide specific default rules for lapsed gifts made via personal property lists. If the recipient named on the list (for example, Lily) passes away before David, and no alternate recipient is named, the item would generally fall into the residuary estate and be distributed according to the remainder of the will.

That’s why it’s wise to name backup recipients for especially meaningful items. For example:

"I leave my vintage camera to my nephew Luis; if he does not survive me, to my goddaughter, Elle."

Can You Change the List?

Absolutely. You can update, replace, or revoke your list at any time, as long as the new list complies with the legal requirements especially that it’s signed and referred to in your will. This flexibility makes it easier to adapt your estate plan as relationships, preferences, or possessions change over time.

What Qualifies as Tangible Personal Property?

In Florida, tangible personal property generally refers to movable physical items think collectibles, clothing, household items, jewelry, and artwork. This does not include:

• Cash or money held in bank accounts

• Stocks, bonds, or investments

• Real estate or mobile homes

• Legal documents or financial instruments

So, while your signed watch collection or grandmother’s hand sewn quilt qualifies for the list, your checking account or condo in Miami would need to be addressed elsewhere in your will or trust or directly with the financial institution.

Why Personal Property Lists Matter

Without clear direction, family members may each assume they were meant to receive a specific item or that they deserve more than someone else. This can lead to resentment, strained relationships, and even litigation. Taking the time to put your wishes in writing can provide clarity, prevent disputes, and ensure that your most meaningful possessions are passed down to the people who will truly cherish them.

Let’s Make It Easy

At The Soto Law Office, we take pride in helping clients across Central Florida including Maitland, Altamonte Springs, and the greater Orlando area create thoughtful, customized estate plans that avoid common pitfalls. If you have meaningful items that you want to ensure go to the right people, let us help you build a plan that reflects your intentions and gives your loved ones peace of mind.

Have questions about personal property addendums, wills, or estate planning in Florida?

We’re here to help. Call us at (321) 972 2279

Let’s make sure the stories behind your most treasured items live on with the people who matter most.