A Tangible Property Gift Clause is a provision within a will or trust that specifically outlines the distribution of physical assets—often referred to as tangible personal property—such as furniture, vehicles, jewelry, art, and other items that have a physical presence.
This clause allows the testator (the person making the will) to designate particular items to specific beneficiaries, providing clarity and intention regarding the distribution of their assets. For example, a testator may stipulate that their antique grandfather clock goes to their daughter and their collection of rare coins goes to their son.
In many cases, a tangible property gift clause can include a statement that the testator wishes for the items to be distributed according to a separate written list, which can be modified without formal changes to the will. This list must be referenced in the will and be signed by the testator for it to be enforceable.
In the context of Texas, including the Houston area, the laws governing the transfer of tangible personal property can vary slightly, but a well-drafted clause can help avoid disputes among heirs and ensure that the testator’s intentions are respected. Including a tangible property gift clause in estate planning documents can simplify the probate process by clearly delineating ownership of personal items that may hold sentimental value, thus reducing potential conflicts among family members after the testator’s passing.
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