who keeps the original copy of a will

If they’re going to give it to someone else, it’s important that the client be comfortable with doing so for the reasons I’ve outlined above. You should always consult with an attorney licensed in the relevant jurisdiction(s) before making any legal decisions. What’s the downside of leaving it with your attorney? Why? If you keep it among your important papers, when the client dies, their Executor will likely know where to find the original Will. Copyright 2018 Reed & Mansfield | Privacy Policy, and for uncontested California probates over $400,000. Your will is safe there from fire and most natural disasters, but your family members will discover it soon enough, so you would lose a measure of confidentiality if that is a concern for you. This is why it is important that the client retains either custody or knowledge of what happens to their original Will once they sign it. DOD Live: Family Focus – Where Should You Keep Your Will. You can leave the original with her as well, but there are drawbacks to this. How does this work? For more information on this topic, please contact me or the attorney of your choosing. However, it’s often very difficult to satisfy the Court that something did not happen, and the Court will refuse to admit the Will to probate if you cannot locate the original. That means that that beneficiary now has the legal authority to. What’s the downside? The client holds onto their own original Will. For this reason, only a very small percentage of all clients choose to file their original Wills with the Court. Unless someone in the firm notices your obituary, your attorney might not be aware of your death, so you should tell your spouse, executor or family members that it is there. Very often they tell me that they’ve chosen me as their lawyer because they like my style, my professionalism, and knowledge—and they would want nothing more than their Executors to work with me for a smooth transition of their assets. This is not our practice. keep one copy in the safety deposit box (original), one should have been placed on file at the courthouse (county clerk's office) where you live and give one to the executor of the will. The downside is that the Court keeps the Will on file forever; if the client were to sign another Will later on, perhaps disinheriting a beneficiary with whom the client had a falling out, the Court already has the old original Will on file. Most Days: We will also take your call between 7am - 9pm including weekends and holidays. Likewise, most attorneys—myself included—will give the client several xerox copies and/or a PDF, all of which are stamped with the location of the original Will and the attorney’s contact information, so that other people interested, such as the Executor, know where to find the original Will. (212) 495-0317, © 2018, LAW OFFICES OF THOMAS SCIACCA, PLLC - All rights reserved. Maybe a client has lost their Will or it’s been kept in the basement and a flood destroyed it. If the grant isn’t needed, then the executors will hold onto the original will themselves. What’s the downside? Another common problem is that the client may live with their chosen Executor. 3. of leaving it with your attorney? If you had an attorney draw up your will, she would maintain a copy of it, but your executor will need to submit the original will to probate court. What’s most important here is that clients make an informed choice about what to do with their Wills. Don’t put your will in your safe deposit box unless you consult with an attorney and make sure that your state will allow your executor to open it after your death to retrieve your will. Laws constantly are being changed by the courts and legislatures. Some law firms ask their clients to be allowed to keep the original for safe-keeping and give the client a copy of their will with a stamp that says that the original is kept at the law firm. DISCLAIMER: This website and all information contained within is provided for informative / promotional / educational purposes only and is not to be construed as legal advice. Client leaves the original Will with the attorney who drafted it. (702) 343-0494, Named Top Lawyers in Las Vegas by Greenspan Media Group/Vegas, Inc., & Desert Companion. Likewise, most attorneys—myself included—will give the client several xerox copies and/or a PDF, all of which are stamped with the location of the original Will and the attorney’s contact information, so that other people interested, such as the Executor, know where to find the original Will. POWERED BY TECHACS.COM. The location should be reasonable, accessible and, above all, known to whoever you choose as your executor. Some issues involving alterations to the original will are discussed in Problem Probates, 6655 West Sahara Avenue, Suite B-200Las Vegas, Nevada 89146. Low Fees for Uncontested California Probates, Independent Administration of Estates Act, Executor / Administrator / Personal Representative, How the Surviving Spouse or Minor Children May be Able to Cut-off Creditors' Claims Including The IRS, Differences Between Assessor & Recorder (For Real Estate Records), When the Decedent Died in a Foreign Country. An attorney-client relationship can only be formed between anyone and Reed & Mansfield upon receipt by Jonathan Reed, Douglas Reed, Daniel Reed, or Lorraine Mansfield of a duly authorized, unaltered, and properly executed retained agreement. Depending on where you live, the county clerk may store the original copy of your will for a nominal fee. Example: if I write a Will and name my spouse as the Executor and if that spouse resides with me, the problem is that the Will is in my home and the presumption of revocation I described above may apply under these circumstances. Who keeps the original copy of a will? Presumably you trust him enough or else you would not have named him to handle your estate in the first place. The client gives her adult daughter the original Will and tells her that she will need to bring this to the probate court upon her death. For this reason, only a very small percentage of all clients choose to file their original Wills with the Court. This is something that I always discuss with my clients when they ask if I’m willing to hold the original Will. It is not kept as a public document, and no one is allowed to review it until someone shows up at the Courthouse with the client’s death certificate. A petition must be filed under N.R.S. If your attorney is a solo practitioner, there is also the possibility that she could die before you and her office files could become out of reach for your executor. The client would sign their Will with me, and bring their original Will to the Surrogate’s Court and pay the clerk the filing fee (presently $45.00). Southside Trust: Where Should You Keep Your Will? Probably between 65-80%. {Read in 7 minutes} After executing a Will, clients face the question of what to do with their original Wills. If you had an attorney draw up your will, she would maintain a copy of it, but your executor will need to submit the original will to probate court.

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