Presidents’ Day encourages reflection on leadership and legacy. Beyond public achievements, the estates of three (3) presidents offer timeless lessons that remain relevant today:
- Andrew Johnson shows the cost of dying without a Last Will and Testament;
- Andrew Jackson demonstrates the importance of planning for personal property; and
- James K. Polk warns why do-it-yourself estate planning often leads to litigation.
When There Is No Last Will and Testament
Andrew Johnson, the 17th President of the United States, died on July 31, 1875, reportedly without a formal Last Will & Testament, known as dying intestate. Intestacy removes decision making from the individual and places it in the hands of the state.
Without a Last Will or Trust, Johnson’s family faced uncertainty and conflict. His widow, Eliza Johnson, and other relatives had to navigate probate proceedings to determine who would inherit his home and how to distribute his personal effects.
Which State Law Applies
Another important nuance involves which state’s law governs intestacy. Although Raleigh, North Carolina is Andrew Johnson’s birthplace, in general, the law of the state where a decedent is domiciled (where they lived most of the time, voted, and generally considered home) governs distribution of personal property. Real estate, however, is subject to the law of the state where it is located. For example, Johnson’s Tennessee home would follow Tennessee intestacy law, but if he had owned property in another state, like North Carolina, that property would follow North Carolina law of intestacy. This situation is increasingly more common as more and more Americans own vacation homes or other out-of-state real estate like condominiums in a different state than where they reside. A thoughtful estate plan, whether a Will or a Trust, can prevent delays, minimize disputes, and reduce complication from owning property out of state.
The lesson from President Johnson’s estate is clear: intestacy is not a plan. It is a default imposed by state law. The President could have signed a Last Will and Testament or created a Trust to direct his estate. While a Will requires probate and becomes public, a Trust can maintain privacy, avoid probate, and provide greater control over how assets are distributed. Either way, a carefully drafted estate plan reduces conflict and saves time.
Personal Property Deserves Serious Attention
Andrew Jackson, the 7th President of the United States, approached estate planning with far greater intentionality. His Last Will and Testament addressed not only land and financial interests but also personal property. Jackson bequeathed ceremonial swords, historic pistols, and even a decanter and other items that were presented to him by citizens, states, and foreign dignitaries to specific recipients.
Through this day, estate planning often addresses personal property through a personal property memorandum referenced in a Last Will and Testament or a Revocable Living Trust. This tool allows individuals to list tangible items and designate recipients while retaining flexibility to update the document as circumstances change. Upon Andrew Jackson’s death on June 8, 1845, as a result of Jackson’s planning, his keepsakes were distributed to the beneficiaries as he intended.
Contact us for a complimentary Personal Property Memorandum to get started.
Estate planning for personal property also creates opportunities for charitable giving. Many organizations accept donations of artwork and other historically significant items. These gifts may be tax-deductible and can transform treasured possessions into lasting public contributions.
Probate vs. Non-Probate Assets
It is also important to note that not all property passes through probate. Accounts with designated beneficiaries (IRAs, 401(k)s), jointly held property, and assets held in trusts bypass probate. For example, if President Jackson’s property had been in a trust, distributing assets to heirs would have been more streamlined and avoided probate delays.
The takeaway from President Jackson’s estate is clear: itemizing personal property in your estate plan matters. It can simplify inheritance, provide options for charitable giving, and reduce family conflict.
Why DIY Planning Often Backfires
James K. Polk, the 11th President of the United States, was born on November 2, 1975, in what is now Pineville, North Carolina, Mecklenburg County, just outside of Charlotte. President Polk drafted his own Last Will and Testament. His estate plan included burial instructions and attempted to control the long-term use of his residence. After his wife Sarah Polk’s death, extended family members challenged provisions governing control of the property, questioning whether the restrictions could legally endure beyond the original parties specified by President Polk.
Courts ultimately intervened. Polk’s home was sold and demolished, and the proceeds were distributed among distant relatives. Polk had no children, and many close relatives had already passed away. His DIY Last Will and Testament failed to achieve his intended outcomes after his death on
Modern online forms and templates cannot anticipate future changes in family structure, evolving law, or interactions among multiple estate planning tools. Polk’s estate demonstrates that having a Last Will and Testament is only the beginning. Effective drafting and legal foresight determine whether a document actually works.
Bottom Line
These presidential estates teach one enduring truth: planning matters. Andrew Johnson shows the cost of dying without a Last Will and Testament. On the other hand, Andrew Jackson demonstrates the importance of planning for personal property, reminding us that assets with personal property (in addition to beyond real estate) deserve careful attention to ensure they reach the intended recipients. James K. Polk warns why do-it-yourself estate planning often leads to litigation, highlighting that even well-intentioned plans can backfire if they fail to follow legal formalities or anticipate complications.
Presidents’ Day is a chance to reflect on more than public accomplishments. It is a moment to consider legacy in a broader sense, as well as how private decisions, made thoughtfully, and ideally with legal advice, can shape the lives of those we leave behind. Ultimately, the estate planning choices we make determine not only how our lives are remembered but also how smoothly our families can move forward after we are gone.
If you are in need of assistance, the attorneys at Collins Family & Elder Law Group can help.
