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Seniors may be under the impression that once they make a will, they have to start again and make another will from scratch if they change their minds. This is not the case in Alaska for certain items of property. Alaska statute 13.12.513 provides that you can make special bequests of certain tangible personal property to individuals in a separate writing apart from your will. In other words, you can keep a list of property separate from your will to give special things to those who you desire. This list can change at any time prior to your death and still be valid.
If you desire to take advantage of this law, you should refer in your will to this separate list or written statement. In the list, you need to describe the items and the devisees (persons to whom you are giving the property) with reasonable certainty. For example, you can state, "my brother, David Smith, of Wasilla Alaska, shall receive my great grandfather's hunting rifle." Your list should be in writing and signed by you. The list may be prepared before or after you sign your will, and you can change the list after it is prepared. The list can have no significance apart from its effect on the distribution of the property in your will.
It may be wise to consult with an attorney or tax specialist who can answer your questions regarding these matters. Many attorneys will consult with potential clients for a nominal fee to answer your questions and define the services they offer. The Alaska Bar Association can refer you to an attorney who can answer your legal questions regarding your rights.
Steven Pradell is an Anchorage attorney with a practice emphasizing family law, probate and estates, wills and life planning issues. He is the author of The Alaska Family Law Handbook. Articles on legal topics of interest to seniors can be accessed on the internet at Http://www.alaska.net/~pradell ©1998 by Steven Pradell. This article is not intended to provide legal advice and should not be relied on for that purpose.