Legal Question in Wills and Trusts in Ohio
I do have a will designating specific items to my children. I would like to also leave a written letter of instruction of how I want my burial to be handled, how other items not mentioned in the will should go to individual children... such as certain book, a piece of furniture, costume jewelry etc. I have this put together now and wondered if I should get it notarized just to be sure the family knows I wrote it and want it to be carried out as instructed. I would prefer it not be an addendum to the actual will but just a personal note of instruction to my three children. Everyone gets along OK. None of us has a lot of money so I DON'T want my children to have to pay taxes on these items I am mentioning in my letter of instruction. They may have to pay some tax on items mentioned in the will.
1 Answer from Attorneys
Regarding gifts that you'd like to make to your children, you can write a codicil (which is like an amendment) to the will you already have if you're basically happy with your will. It's not advisable to put funeral instructions in a will. Rather, write them out separately and have it notarized. Tell your children or the appointed executor where to find the document at the time. Good luck.