The following was written and posted on the Southside-L by my friend,
retired attorney Paul Drake. It is exceptionally well done. I have
incorporated it into my Will.
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There have been so very many questions concerning what will happen to our
genealogy files at death, that I have decided to set forth my own form for
disposing of such materials.
All should know that I have NOT practiced law for many years, and that the
laws of the United States vary from State to State and from time to time in
matters of estates. Further, this is but my Codicil, and your collection
may require more diligence and consideration in preparation.
With that in mind, remember that any lawyer can draft such a codicil, and I
do suggest that you gain that assistance if you have books, documents, or
materials within your files that have considerable monetary value to other
than yourself. So, if you have valuable items that might be considered as
within "Mom's genealogy stuff", you could easily create conflicts after
your
death for those who will appraise your personal property. Your genealogy
files might well include mementos, artifacts, paintings, documents, etc.,
etc., that should be included within your inventory of personal property
owned BECAUSE those have value in the market.
Be sure that any specific mementos, artifacts, letters, and documents that
are of some worth in dollars on the market go to specifically named
individuals in your will, or give those to your family now. After that, in
disposing of your files and all other materials that have genealogical
value, though not much in money, do your own simple codicil.
Follow the form here, and in a few words state as a Preamble generally what
files you want to be included. Again, be SURE that there are no items in
those "files and papers" that have recognizable property value. Be sure to
sign it with your witnesses present as you do.
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Codicil to My Last Will and Testament Concerning Genealogy Materials:
Preamble: I here mean to dispose of the materials owned or properly in my
possession at death that have genealogical value, though have little or no
worth on the market as personal property. My genealogical efforts have
required no small measure of thought, time, travel, and money and may be of
substantial value to other researchers. I would ask that my file cabinets,
folders, materials in my desk, and any and all my research materials stored
elsewhere be gathered together and included in this category. It is my hope
that all such materials might be disposed of in the following manner.
Following my death, I request that any and all of my genealogical records,
both those prepared or written by me, as well as all other family history
records which may be in my possession, including all files, notebooks,
books, correspondence, copies of documents, and such as computer programs or
computer memory devices, remain together and protected for a period for
eighteen (18)months or until a recipient is found for such materials,
whichever comes first.
Further, I request that immediate efforts be made by my family to identify
one or more persons or institutions who would have knowledge of be willing
to take custody of such materials and assume the responsibility of
maintaining and perhaps continuing the family histories and research.
I suggest that the persons be contacted regarding their willingness to
assume custody of these materials include:
(examples) Jim Jones, 100 Elm St., Saint Francis, KY 12345, phone
111-333-9999
Jane Smith, 250 Money St., Nowhere, TN 98765, phone
222-999-1932
Etc. Etc.
Whatever Museum and Archives, Main St., Hanging Limb, TN
Worthlittle Else College, Lord Knows Where, AL
Further, in the event no person or organization named here is willing to
preserve such genealogical materials, please contact the various
genealogical organizations of which I have been a member, there to determine
their willingness to accept some or all of these materials.
(Here list the societies or organizations to be contacted; include local
chapters, with their addresses, phone numbers and contacts known to you, if
any)
In witness whereof and before witnesses, I have hereto affixed my name on
the ___ day of ____, 200?
Signature ___________________________
Witness ____________________________ Date ___________
Witness ____________________________ Date ___________