For many of us, the beginning of each year brings about resolutions ranging from losing weight to organizing our homes. This year, I encourage you genealogists to meet with an estate planning attorney to review your estate planning documents to ensure that the body of work you have created is preserved for future generations.

Some of you may have a trust already in place, especially if you have a child with special needs, a second marriage, or a very sizable estate for which you wish to control its distribution to your children and grandchildren. Those with trusts should also have a Will that would pour any of your probate assets into your trust.

On the other hand, many of you probably have a Will that you had prepared when your children were much younger. Still, many of you may also be taking advantage of Will substitutes to pass your assets, such as a transfer on death deed for your home or joint and survivorship bank accounts. Whatever way, or combination of ways, you choose to pass your assets, you should speak to an attorney to make sure that the plan you have in place is tailored to meet your specific situation and desires.

As to preserving your genealogy for future generations, I have seen various genealogy newsletters include a short paragraph encouraging you to add a codicil to your Will. I believe that advice is not good enough. The language contained therein is merely precatory, meaning the mere expression of a wish which is legally ineffective in disposing of property. This very well could result in all your genealogy research and records sitting on some family member’s shelf collecting dust.

First, I encourage you to speak with specific family members to know which one of your children, grandchildren, or perhaps a niece or nephew, would be thrilled to inherit all of your research and carry on where you left off. Alternatively, if you have no family members who would like to receive your research, you should contact your state or local genealogical society to see if they would be willing to accept your genealogy research and records when you pass. You may also wish to contact the genealogical society in the area where your ancestors are from, or the county public library.

Next, meet with your attorney and have a new Will drafted which includes a provision that specifically devises all of your genealogy research and records to a specific family member. If you were fortunate enough to have more than one family member express a desire in receiving your research, then you should also specifically name one of the family members to receive your research in the event the first named family member predeceases you or disclaims the bequest. Thereafter, you should alternatively provide that in the event the named family member(s) predeceases you, or disclaims the bequest, your genealogy research and records shall pass to a specific genealogical society or library. Additionally, you should also encourage the family member who will be receiving your genealogy research and records to include a similar provision in their Will.

By taking these steps and planning carefully, you can be assured that all of your genealogy research and records will be preserved for future generations to enjoy. I have included below a sample provision of a specific bequest of genealogical research and records that could be included in your Will. Please take the time to ensure that the body of work you have created is preserved for future generations. Your descendants will undoubtedly be grateful.