Ever wonder what happens to your grandmother's pearl necklace, your father's pocket watch, or that weird ceramic frog collection after you're gone? Sure, your will covers the big stuff – house, investments, bank accounts – but what about the personal items that often carry the most sentimental value?
Enter the "Sock Drawer Document ," or as it's formally known, the Memorandum Disposition of Tangible Personal Property.
What is this mysterious document?
Simply put, it's a companion to your will that lets you specify who gets your personal belongings without the formality (and expense) of updating your entire will every time you want to change something.
Think of it as your running list of "who gets what" for those tangible items that mean something to you or your loved ones.
Legally Recognized in Colorado
This isn't just a helpful suggestion – Colorado law explicitly recognizes this type of document. Under Colorado Revised Statutes § 15-11-513, a separate written statement or list disposing of items of tangible personal property is legally enforceable, even if it's created or updated after you sign your will.
The law gives this simple document real teeth, making it just as binding as the provisions in your formal will, but infinitely more flexible to update.
Why I love this document (and why you will too)
When I work with folks on estate planning, we talk about "who you have and what you have in your life." The "what you have" part includes those personal items that don't necessarily have great financial value but carry tremendous emotional significance.
The beauty of the Sock Drawer Document is its flexibility. Want to give your fishing gear to your nephew who actually appreciates it? Your collection of vintage vinyl to your music-loving niece? Add it to the document. Changed your mind? Cross it out and initial the change.
No need to call me, no need for notaries, no need to pay for a formal will update.
How it works
The memo works because your will specifically references it. We include language in your will that says something like: "I may leave a separate written statement or list regarding the disposition of certain items of my tangible personal property. If I do so, I direct my personal representative to distribute those items according to that statement or list."
Some important notes:
- It only works for tangible personal property (things you can touch)
- It can't be used for money, real estate, or financial accounts
- It needs to be signed and dated (every time you update it)
- It should describe items with enough specificity that your personal representative can identify them
Why it's called the "Sock Drawer Document"
I dubbed this the "Sock Drawer Document" for a very practical reason – I recommend you literally put it in your sock drawer. Why? Because you'll see it regularly, which serves as a reminder to update it when:
- You decide to give someone a specific item
- You acquire something new that has significance
- You change your mind about a previous designation
- Relationships change (sometimes people fall out of favor)
Plus, your family will know right where to find it when the time comes.
Real-world example
I worked with a family who had a cherished collection of holiday ornaments, each with a story behind it. Instead of leaving the whole collection to one person or fighting over who gets what, they used their Sock Drawer Document to specify precisely which ornaments went to each child, grandchild, and even a few dear friends.
The document even included notes about why each person was receiving their specific ornaments, adding a final loving message along with the gift.
Getting Started
If you're working with me on your estate plan, we'll set up your will to reference this document. If you already have a will but don't have this provision, we might need to update it.
The Sock Drawer Document itself is simple – a handwritten or typed list with:
- Description of the item
- Name of the recipient
- Your signature and date
Remember, this isn't a replacement for your will or trust, but a powerful companion that gives you flexibility and peace of mind that your personal treasures will go exactly where you want them.
Want to learn more about how this works? Reach out and let's talk about how to incorporate this into your estate planning.
This article is a service of The Law Offices of Owen Hathaway, a Personal Family Lawyer® Firm. We don’t just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That's why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love. You can begin by calling our office today to schedule a Family Wealth Planning Session.
The content is sourced from Personal Family Lawyer® for use by Personal Family Lawyer® firms, a source believed to be providing accurate information. This material was created for educational and informational purposes only and is not intended as ERISA, tax, legal, or investment advice. If you are seeking legal advice specific to your needs, such advice services must be obtained on your own separate from this educational material.
