Sarah is a lifelong resident of Fort Myers, Florida. When her grandmother, Margaret, passed
away, Sarah was named the sole beneficiary of her estate. Margaret had a beautiful collection of
antiques, jewelry, and family heirlooms, but she never put anything specific in a trust or will
about who should receive what.
As Sarah sorted through her grandmother’s belongings, she thought about her cousins, aunts, and
uncles—each of whom had sentimental attachments to certain items. Her cousin Olivia always
adored their grandmother’s pearl necklace, while Uncle Joe often reminisced about the antique
clock on the mantelpiece.
Sarah wanted to distribute some of these meaningful items to her family members, but she
wasn’t sure if she had the legal right to do so. Could she decide who got what? Or did
everything have to stay with her since she was the named beneficiary?
What Happens When Specific Items Aren’t Listed in a Trust or Will?
If a person passes away without specifically designating items in a trust or will, the entire estate
generally goes to the named beneficiary or is divided according to Florida’s probate laws.
In Sarah’s case, because she was the sole beneficiary, all of her grandmother’s belongings legally
belonged to her.
However, just because she legally owned everything didn’t mean she couldn’t share. If
there’s no specific legal directive about individual items, the beneficiary—Sarah in this
case—has the discretion to give away items if they choose.
The Right Way to Distribute Items in Probate
Sarah wanted to be fair and respectful while honoring her grandmother’s memory. Here’s what she did:
- She Created a List – Sarah wrote down all the major items in her grandmother’s estate and noted which family members had sentimental attachments to them.
- She Spoke with a Probate Attorney – To make sure she was handling everything legally, Sarah consulted a probate attorney who explained that while she had full ownership of the items, she could voluntarily give them away without any legal hurdles.
- She Communicated Openly – Instead of making assumptions, Sarah talked to her family members and asked if they had any requests. Some wanted keepsakes, while others were fine just cherishing memories.
- She Made It Official – To prevent future disputes, Sarah documented the items she was gifting and had each recipient sign a simple acknowledgment stating that the gifts were given freely.
What If There’s a Dispute Over Items?
In some cases, disagreements arise when multiple family members want the same item. If there had been a dispute, Sarah’s attorney advised that she could either:
- Keep the item, since it legally belonged to her.
- Sell the item and divide the proceeds.
- Mediate a family agreement, where the interested parties could decide who gets the item or if it should be shared in some way.
The Lesson? Plan Ahead
Sarah’s story ended well because she had full legal control over the items and was able to share them peacefully. However, many families aren’t so lucky. Without clear instructions in a will or trust, probate can become a stressful and emotional process. If you want to ensure that your sentimental items go to the right people, it’s best to have a legally binding estate plan in place. A properly drafted will or trust can save your loved ones from confusion, disagreements, and potential legal battles. Need help with your estate plan? With over 30 years of experience and more than 1,200 ★ ★ ★ ★ ★ reviews, our team can guide you through the process. Call us today at at 239-939-0900!